>^:^>*>!i!Slifppi||pii|p 


* 


<*3 


THE  LIBRARY 

OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

DAVIS 


STATE  OF  CALIFORNIA 
DEPARTMENT  OF  PUBLIC  WORKS 

DIVISION  OF  ENGINEERING  AND  IRRIGATION 


BULLETIN  No.  1 


California 


re. 


9 


Irrigation  District  Laws 


AS  AMENDED 


1921 


COMPILED  BY 

CALIFORNIA  STATE  LIBRARY 

AND  REVISED  BY 

LEGISLATIVE  COUNSEL  BUREAU 


16169 


CALIFORNIA  STATE  PRINTING  OFFICE 
SACRAMENTO.   1922 

LIBRARY 

UNIVERSITY  OF  CAUFORNIA 
DAVIS 


TABLE  OF  CONTENTS. 


Page 
Introduction    5 

I.  Constitutional  provisions 9 

Eminent  domain 9 

l^ui'cliase  of  stock  of  foreign  corporation 9 

r^egislative  power  over  districts   10 

Bonds,  where  payable 10 

I'onds  exempt  from  taxation ' 10 

Water  appropriated  for  distribution  is  a  public  use 10 

II.  Statutory  provisions 11 

California  Irrigation  District  Act 11 

Assessments,  payment  in  two  installments 73 

Assessment  of  public  land  subject  to  entry 74 

Bond  Certification  Commission 75 

Bonded  indebtedness,  refunding 79 

Canals  and  works,  protection  of SO 

Consolidation  of  districts , 81 

Cooperative  agreements  with  districts  in  other  states 83 

Cooperation  under  Federal  twenty-year  extension  act 85 

Cooperation  with  Federal  Government  for  construction,  operation,  or  main- 
tenance of  works 85 

Dams,   supervision    of 89 

Dissolution   of   district   91 

Voluntary    dissolution    91 

Involuntary    dissolution    , 96 

Drainage 98 

Electric  power,  development  of 98 

Highways,  injuries  to 99 

Materials  and  supplies,  manufacture  by  district 100 

Public  use,  irrigation  is 100 

Water  district,  inclusion  of  territory  already  in  irrigation  district 101 

Water  Storage  District  Act,  California   102 

Waterworks  districts,  county 142 

Waterworks   districts,  bonds   of   150 

Appendix   154 

Index    157 


INTRODUCTION. 


The  past  decade  has  seen  a  marked  increase  in  the  organization  of 
irrigation  districts  in  California.  This  has  naturally  been  accompanied 
by,  and  in  fact  has  also  largely  resulted  from,  fundamental  improve- 
ments in  the  Wright  Irrigation  District  Act  as  revised  and  re-enacted  in 
1897  and  now  by  law  designated  the  "California  Irrigation  District 
Act." 

The  original  Wright  Act  was  plainly  defective,  among  other  particu- 
lars, in  not  providing  for  sufficient  state  supervision  to  prevent  the 
organization  of  wholly  speculative  districts  and  districts  for  other 
reasons  not  justified  or  feasible;  also  in  failing  to  give  the  state  any 
control  of  irrigation  district  finances.  During  the  eight  years,  1887  to 
1895,  immediately  following  the  original  enactment,  each  succeeding 
legislature  passed  amendments  of  more  or  less  importance,  but  these  did 
not  correct  the  fundamental  objections,  either  as  to  organization  or 
financing.  More  important  changes  were  made  when  the  law  was 
re-enacted,  in  1897,  under  the  legislative  leadership  of  Judge  E.  A. 
Bridgford.  The  essential  purport  of  the  law  was  not,  however,  altered 
by  this  re-enactment  and  the  new  act  was  in  many  of  its  provisions  but 
a  slight  verbal  revision  of  the  old  one.  Radical  changes,  however,  were 
made  in  the  procedure  for  organization  and  for  incurring  indebtedness. 
These  changes  were  planned  virtually  to  stop  new  development  under 
the  law  and  for  more  than  ten  years  that  was  their  effect.  The  legis- 
lature that  substituted  the  amended  law  also  passed  a  funding  act  under 
which  districts  were  permitted  to  discharge  their  indebtedness  with 
new  bonds.  For  the  next  four  years  the  law  was  left  unaltered,  but 
beginning  in  1901,  and  more  particularly  at  each  legislature  from  1909 
to  1921,  amendments  and  supplementary  acts  have  been  adopted  that 
have  greatly  changed  and  strengthened  it.  The  more  essential  changes 
have  been  as  follows:  (1)  Requiring  petitions  for  the  formation  of 
irrigation  districts  to  be  referred  by  the  board  of  supervisors  of  counties 
to  the  state  engineer  for  report,  and  giving  the  state  engineer  ninety 
days  in  which  to  "report,  make  or  cause  to  be  made  such  preliminary 
investigations  as  may  be  practicable,  with  a  view  to  determining  the 
feasibility  of  the  project 'proposed  to  be  undertaken;"  (2)  creating  an 
irrigation  district  bond  commission,  composed  of  the  state  engineer, 
state  superintendent  of  banks,  and  the  attorney  general  of  the  state, 
which,  prior  to  bond  elections,  must  pass  on  proposed  bond  issues, 
and  which  may  validate  bonds  that  have  been  voted,  in  whole  or  in 
part,  so  as  to  make  them  legal  investments  for  funds  of  banks,  insurance 
and  trust  companies,  trusts  and  state  school  funds,  and  so  as  to  permit 
them  to  be  used  as  security  for  the  performance  of  any  act  the  same  as 
bonds  of  cities,  counties,  school  districts  or  municipalities;  (3)  per- 
mitting the  organization  of  districts  to  be  proposed  by  500  petitioners, 
each  petitioner,  to  the  number  of  at  least  500,  to  be  an  elector  residing 
in  the  proposed  district  or  the  holder  of  title  or  evidence  of  title  to 
land  therein;  (4)  reducing  the  number  of  votes  necessary  to  carry  the 


b  CALIFORNIA    IRRIGATION    DISTRICT    LAWS. 

organization  of  an  irrigation  district  from  two-thirds  to  a  majority  of 
all  votes  cast;  and  (5)  permitting  boards  of  directors  of  districts  to 
call  bond  elections  to  cover  expenditures,  approved  by  the  irrigation 
district  bond  commission,  without  petition  of  the  landowners,  as  neces- 
sary from  1897  to  1919,  but  requiring  a  two-thirds  instead  of  a  majority 
vote  to  carry  such  elections. 


Irrigation    Districts  as   of  January   1,   1922. 


Name  of  district 


County 


Yeat 
organ- 


Area 
(acres) 


Bonds 
voted 


Address  of  secretary 


1— Alpaugh  

2— Alta 

3 — Anderson-Cottonwood 

4— Banta-Carbona 

5 — Baxter  Creek 

6— Beaumont u=«— 

7 — Browns  Valley 

8— Butte  Valley* 

&— Byron-Bethany 

10— Cardiff  — 

11 — Carmichael  

12— Citrus  Heights 

13— Compton-Delevan 

14— Consolidated  

15— Corcoran 

16— Cordua  

17— Crooks   CanyonV 

18— EI  Camino* 

19^E1  Solyo* 

20-  Fair  Oaks 

21— Feather  River 

22— Foothill 

23— Fresno 

24— Glenn-Colusa  

25— Grenada  

26— Happy   Valley. 


27— Honeut-Vuba 

28— Honey  Lake  Valley*.. 

2»— Hot  Spring  Valley 

30— Imperial  

31— Island  No.  3 

32— Jacinto   

33— James 

34— Kasson 

35— Klamath-Shasta  Valley 

36— Knightsen 

37— Laguna 

38— La  Mesa,  Lemon  Grove 
and  Spring  Valley... 

39— Ijcmoore 

40— Lindsay-Strathmore  .. 

41— Little  Rock  Creek 

42 — Lone  Tree 

43— Long  Valley  Creek*.. . 

44 — Mad  pa  

45— Maxwell 

46 — Medano 

47— Mendota* 

48— Merced 

49— Modesto  

50— Mo.iavp  River* 

51 — Naglee-Burk 

.52— Nevada  

53 — Newport  Heights 

54 — Newport  Mesa 

55— Oakdale 

56— Oroville-Wyandotte  _. 
57— Palmdale  


Tulare   

Tulare-Fresno  _. 

Shasta  

San  Joaquin 

Lass;n  

Riverside 

Yuba 

.Si.skiyou   

Contra  Costa  .. 

San  Diego 

Sacraniento 

Sacramento 

Colusa  

Fresno  

Kings    

Tuba 

Modoc   

Tehama 

Stanislaus   

Sacramento 

Sutter 

Fresno-Tulare.. 

Fresno  

Colusa-Glenn   .. 

Siskiyou   

Shasta  

Tuha-Butte 

Lassen  

Modoc   

Imperial   

Kings    

O'enn    

Fresno  

San  Joaquin 

Siskivou    

Oontra    Costa.- 
Fresno  


San    Diego 

Kines   

Tulare   

Los  Angeles 

Contra    Costa.. 

T  assen  

Madera    

Cohisa  

Mad  ra -Merced, 

Fresno  

Merced   

Stanislaus   

San  B  rnardino 

San  Joaquin 

Nevada    

Orange  

Orange  

Stanislaus-San 

Joaquin 

Butte  

Los   Angeles 


1914 
1888 
1914 
1921 
1917 
1919 
1888 
1920 
1919 
1916 
1916 

1920 
1920 
1921 
1919 
1920 
1919 
1921 
1921 
1917 
1920 
1920 
1920 
1320 
1921 
1S91 
1919 
1896 
1919 
1911 
1921 
1916 
19-20 
1921 
1921 
1919 
1920 

1913 
1920 
1915 
1S92 
1920 
1916 
1920 
1918 
1921 
1921 
1919 
1887 
1917 
1920 
1921 
1918 
1918 

1909 
1919 
1916 


8,861 

130,000 

32,500 

18,000 

11,000 

5,161 

44,328 

38,690 

17,600 

700 

3,006 

3,028 

12,655 

150,000 

48,438 

5,422 

6,080 

7,556 

3,783 

4,000 

3,027 

.58,000 

242.000 

103,000 

5,055 

18,210 

.'51.442 

33,1.50 

9  640 

603.840 

3,000 

n  .'?oo 

26,108 

5,98'i 

287.000 

9,961 

37,000 

14.794 

52,300 

15,285 

3.072 

2.393 

.34.000 

353,000 

8.000 

13,560 

68,000 

181,920 

81,183 

27,665 

3.346 

209,000 

1,.^03 

670 

74,246 

17,700 

4,756 


$283,000 

543,000 

1,255,000 


511,000 

230,000 

1140,000 


550,000 

90,000 

262.000 
575,000 

760,000' 

267,000 

80,000 


200,000 
95,000 


2,2.50,000 

t2  ,.587.000 

240,000 

765,000 


160.000 
8,500,000 


2,'^s.ono 

1,000,000 


650,00(1 
265.000 

+1,232,500 


1,6.50,000 
308,000 
160,000 


28,000,000 
260,000 


12,000.000 
4,209,261 


200,000 


160,000 
50,000 

2,399,500 

'"445'0OO" 


Alpaugh 

Dinuba 

Anderson 

TYacy 

Susanville 

Beaumont 

Browns  Valley 

Macdoel 

Byron 

Carlsbad 

R.    F.   D.   No.   3,   Box 

259,  Sacramento 
Fairoaks 
Colusa 
Selma 
Corcoran 
Marysville 
Alturas 
Gerber 

Fairoaka 

Nicolaus 

Orosi 

Fresno 

Willows 

Grenada 

Olinda 

Honcut 

Amadce 

Alturas 

Kl  C.ntro 

llanford 

Glenn 

San  Joaquin 

Tracy 

Montague 

Knights. n 

Laton 

La  Mesa 

Lemoore 

Lindsay 

Littlerock 

Brentwood 

Doyle 

Madera 

Colusa 

Le  Grand 

Merced. 
Modesto 
Victorville 
Tracy 

Grass  Valley 
Costa  Mesa 
Costa  Mesa 

Oakdale 
Oroville 
Palmdale 


*Formed  without  State  Engineer's  approval. 

tissued  without  approval  of  Bond  Commission. 

^Browns  Valley  district  paid  off  its  bonds  at  30  cents  on  the  dollar. 


CALIFORNIA    IRRIGATION    DISTRICT    LAWS. 
Irrigation    Districts  as  of  January   1,   1922 — Continued. 


Name  of  district 

County 

Year 
organ- 

Area 
(acres) 

Bonds 
voted 

Address  of  secretary 

Butte 1916 

11,200 
5,717 

13.861 
22,858 

3,700 

16.000 

492 

6,540 
21  ,.500 

1,486 
71,050 
16,020 

9,200 
41,075 
17.500 
12,000 
11,300 
39.360 
25.400 

178,798 
71,517 
869 
13,577 
15,000 
11,828 

35,681 
9,021 

490,000 

175,000 
1,190,000 

Paradise 

CM — piainsbure* 

Merced 

1919 

1916 
1918 
1918 
1920 
1911 
1917 
1915 
1921 
1909 
1921 
1916 
1921 
1918 
1915 
1918 
1889 
1920 

1887 
1917 
1803 
1914 
1916 
1915 

1920 
1920 

Merced 

60— Princeton-Codora- 

Glenn 

61— Provident 

R-7    T?(»dropk  Oreek*    

Glenn-Colusa   — 
Glenn-Colusa   .. 
La'ssen 

Princeton 

WiUows 

Ravendale 

a^ Riverdale*         .      — 

Fresno 

25,m' 
125,000 

Riverdale 

fti — San  Tsidro         -    

San   Diego 

Siskiyou   

Lassen  

Glenn   .-    - 

San  Tsidro 

65— Scott  Valley 

66 — Southern  Lassen* 

Fort  Jones 
Doyle 

67— Soiith  Capav 

Orland 

68— South  San  Joaquin— 
60 — Stin^on                    -  -  _- 

San  Joaquin 

Fresno  

3,835,000 

Manteea 
Helm 

70 Stratford 

KinRS       

Stratford 

71     Snisun* 

Solano  

Suisun 

72— Surprise  Valley* 

73 — ^Terra  Bella.    

Modoc   

Tulare   

Fresno  

Tulare   .    .    . 

Fort  Bidwell 

1,000,000 
260,000 

1500.000 
806.000 

6,770,000 

Terra  Bella 

74— Tranquillity 

75— Tulare 

Tranquillity 
Tulare 

Lassen 

Susanville 

77— Turloek    

78-Victor  Valley* 

79— Walnut 

80— Waterford 

Stanislaus- 
Merced 

San  Bernardino 

Los  Angeles 

Stanislaus   

Madera   

San  Joaquin 

Stanislaus- 

Mtrced 

Colusa  

Turloek 
Victorville 

670i00o" 

Rivera 

Waterford 

Madera 

81 — Webster   

500,000 

Tracy 

Crows  Landing 

82— West  Side 

83— West  Stanislaus* 

teoo.ooo 

Williams 

84— Williams*    . 

3,887,380 

2$89,876,261 

*rormed  without  State  Engineer's  approval. 

tissued  without  approval  of  Bond  Commissicn. 

^Tulare  district  bought  up  its  bond.*;  and  burned  them  in  1903. 

2Less  $640,000,  Browns  Valley  and  Tulare  districts'  bonds  paid  and  canceled. 

OUTLINE    OF    PROCEDURE    FOR    THE    FORMATION    OF    A    WRIGHT 

IRRIGATION    DISTRICT. 

The  following  brief  outline  of  the  procedure  to  he  followed  in  the 
formation  of  an  irrigation  district  under  the  California  Irrigation 
District  Act,  while  not  intended  for  lawyers,  may  be  of  interest  to  com- 
munities contemplating  this  type  of  organization. 

(1)  Determination  of  the  general  practicability  of  the  proposed 
project.  Advice  may  be  obtained  from  the  State  Department  of 
Public  Works. 

(2)  Determination  of  boundaries  of  proposed  district  and  of  pro- 
posed source  of  water  supply. 

(3)  Circulation  of  petition  among  property  owners  within  proposed 
district.  Petitions  must  contain  the  names  of  a  majority  of  the  holders 
of  title  to  lands  within  the  proposed  district  representing  a  majority 
in  value  of  said  land ;  or  they  may  contain  the  names  of  500  electors  or 
landowners  within  the  proposed  district.  This  petition  should  be  drawn 
up  and  circulated  under  competent  legal  advice.      (See.  2.) 

(4)  Advertise  proposal  to  present  petition  for  two  weeks  in  some 
newspaper  of  general  circulation  in  the  county  or  counties  in  which  the 
proposed  district  is  situated.     (Sec.  2.) 

(5)  Present  petition  to  board  of  supervisors  at  date  specified  in 
advertised  notice  and  forward  copy  of  petition  to  state  engineer. 
(Sec.  2.) 


8  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

(6)  Hearing  on  sufficiency  of  petition  by  county  board  of  supervisors 
(Sec.  2)  and  if  found  sufficient,  forwarding  of  copy  of  the  determination 
of  the  board  of  supervisors  to  the  state  engineer|  for  report.     (Sec.  2.) 

(7)  After  receiving  the  report  of  the  state  engineer,  and  if  the  pro- 
posed district  is  approved,  final  hearing  on  the  matter  by  the  board  of 
supervisors  and  calling  of  election  on  organization,  notice  of  such 
election  to  be  published  for  at  least  three  weeks  prior  thereto,  and 
officers  of  the  district  to  be  voted  on  along  with  the  matter  of  organiza- 
tion.    (Sees.  6  to  8.) 

(8)  Board  of  supervisors  to  canvass  votes  cast  at  the  election,  and 
if  carried,  to  declare  district  duly  organized.     (Sec.  9.) 

(9)  Organization  of  the  board  of  directors  and  employment  of  an 
engineer  to  prepare  plans  for  the  district;  determination  by  board  of 
directors  of  the  amount  of  bonds  necessary;  reference  of  plans  and 
specifications  to   the  irrigation   district  bond  commission.      (Sees.   13 
30,  and  30a.) 

(10)  Report  by  the  irrigation  district  bond  commission  and,  if 
favorable,  the  calling  of  a  bond  election  by  the  board  of  directors. 
(Sec.  30a.) 

(11)  Reference  of  bond  issue  to  irrigation  district  bond  commission 
for  validation.  (Special  act  Stats.  1913,  p.  778;  Stats.  1915,  p.  692; 
Stats.  1917,  p.  582;  Stats.  1919,  p.  1207;  Stats.  1921,  p.  1198.) 

With  these  and  other  related  steps  fully  set  forth  in  the  act,  the 
district  is  ready  to  purchase  or  construct  irrigation  works  and  otherwise 
carry  out  proposals  for  which  it  has  been  formed. 

|The  Division  of  Engineering  and  Irrigation,  Department  of  Public  Works,  has 
succeeded  to  the  powers  and  duties  conferred  or  imposed  upon  the  State  Engineer 
by  the  irrigation  laws. 


CALIFORNIA    IRRIGATION   DISTRICT   LAWS.  9 

I.  CONSTITUTIONAL  PROVISIONS. 


TAKING  IMMEDIATE  POSSESSION  IN  EMINENT  DOMAIN 

PROCEEDINGS. 


Article  I. 

Sec.  14.  Private  property  shall  not  be  taken  or  damaged  for  public 
use  without  just  compensation  having  fir.st  been  made  to,  or  paid  into 
court  for.  the  owner,  and  no  right  of  way  shall  be  appropriated  to  the 
use  of  any  corporation,  except  a  municipal  coii)oration  or  a  county, 
until  full  compensation  therefor  be  first  made  in  money  or  ascertained 
and  paid  into  court  for  the  o^^^ler,  irrespective  of  any  benefits  from 
any  improvement  propased  by  such  corporation,  which  compensation 
shall  be  ascertained  by  a  jury,  unless  a  jury  be  waived,  as  in  other 
civil  cases  in  a  court  of  record,  as  shall  be  prescribed  by  law;  provided, 
that  in  an  action  in  eminent  domain  brought  by  the  state,  or  a  county, 
or  a  municipal  corporation,  or  a  drainage,  irrigation,  levee,  or  reclama- 
tion district,  the  aforesaid  state  or  political  subdivision  thereof,  or 
district  maj^  take  immediate  pos.session  and  use  of  any  right  of  way 
required  for  a  public  use  whether  the  fee  thereof  or  an  easement  there- 
for be  sought  upon  first  commencing  eminent  domain  proceedings 
according  to  law  in  a  court  of  competent  jurisdiction  and  thereupon 
giving  such  security  in  the  way  of  money  deposits  as  the  court  in  which 
such  proceedings  are  pending  may  direct,  and  in  such  amounts  as  the 
court  may  determine  to  be  reasonably  adequate  to  secure  to  the  owner 
of  the  property  sought  to  be  taken  immediate  payment  of  just  compen- 
sation for  such  taking  and  any  damage  incident  thereto,  including  dam- 
ages sustained  by  reason  of  an  adjudication  that  there  is  no  necessity 
for  taking  the  property,  as  soon  as  the  same  can  be  ascertained  accord- 
ing to  law.  The  court  may,  upon  motion  of  any  party  to  said  eminent 
domain  proceedings,  after  such  notice  to  the  other  parties  as  the  court 
may  prescribe,  alter  the  amount  of  such  security  so  required  in  such 
proceedings.  The  taking  of  private  property  for  a  railroad  run  by 
steam  or  electric  power  for  logging  or  lumbering  purposes  shall  be 
deemed  a  taking  for  a  public  use,  and  any  person,  firm,  company  or 
corporation  taking  private  property  under  the  law  of  eminent  domain 
for  such  purposes  shall  thereupon  and  thereby  become  a  common  carrier. 
(Amendment  adopted  November  5,  1918.) 

ACQUIRING  STOCK  IN  FOREIGN  CORPORATION. 

Article  IV. 

Sec.  31.  *  *  *  ;  provided,  furtlicr,  that  irrigation  districts  for 
the  purpose  of  acquiring  the  control  of  any  entire  international  water 
system  necessary  for  its  use  and  purposes,  a  part  of  which  is  situated 
in  the  United  States,  and  a  part  thereof  in  a  foreign  country,  may  in 
the  manner  authorized  by  law,  acquire  the  stock  of  any  foreign  cor- 


10  CALIFORNIA   IRRIGATION    DISTRICT   LAWS. 

poration  which  is  the  owner  of,  or  which  holds  the  title  to  the  part  of 
such  system  situated  in  a  foreign  country.  (Amendment  adopted 
November  3,  1914.) 

LEGISLATIVE  POWER  TO  PROVIDE  FOR  SUPERVISION  OF 

DISTRICTS. 

Article  XI. 

Sec.  13.  The  legislature  shall  not  delegate  to  any  special  commis- 
sion, private  corporation,  company,  association  or  individual  any  power 
to  make,  control,  appropriate,  supervise  or  in  any  way  interfere  with 
any  county,  city,  town  or  municipal  improvement,  money,  property,  or 
effects,  whether  held  in  trust  or  otherwise,  or  to  levy  taxes  or  assess- 
ments or  perform  any  municipal  function  whatever,  except  that  the 
legislature  shall  have  power  to  provide  for  the  supervi.sion,  regulation 
and  conduct,  in  such  manner  as  it  may  determine,  of  the  affairs  of  irri- 
gation districts,  reclamation  districts  or  drainage  districts,  organized  or 
existing  under  any  law  of  this  state.  (Amendment  adopted  Novem- 
ber 3,  1914.) 

Merchants  Bank  vs.  Escondido  Irr.  Dist.,  144  Cal.  329. 

PAYMENT  OF  BONDS. 

Article  XI. 

Sec.  13^.  Any  county,  city  and  county,  city,  town,  municipality, 
irrigation  district,  or  other  public  corporation,  issuing  bonds  under  the 
laws  of  the  state,  is  hereby  authorized  and  empowered  to  make  said 
bonds  and  the  interest  thereon  payable  at  any  place  or  places  within  or 
outside  of  the  United  States,  and  in  any  money,  domestic  or  foreign, 
designated  in  said  bonds.      (Amendment  adopted  November  3,  1914.) 

BONDS  EXEMPT  FROM  TAXATION. 
Article  XIII. 

Sec.  li|.  All  bonds  hereafter  issued  by  the  State  of  California,  or  by 
any  county,  city  and  county,  municipal  corporation,  or  district  (includ- 
ing school,  reclamation,  and  irrigation  districts)  within  said  state,  shall 
be  free  and  exempt  from  taxation.  (New  section  adopted  November  4, 
1902.) 

WATER  AND  WATER  RIGHTS. 

Article  XIV. 

Section  1.  The  use  of  all  water  now  appropriated,  or  that  may  here- 
after be  appropriated,  for  sale,  rental,  or  distribution,  is  hereby  declared 
to  be  a  public  use,  and  subject  to  the  regulation  and  control  of  the 
state,  in  the  manner  to  be  prescribed  by  law  *  *  *. 


CALIFORNIA    IRRIGATION   DISTRICT   LAWS.  11 

II.  STATUTORY  PROVISIONS. 


CALIFORNIA  IRRIGATION  DISTRICT  ACT.' 

An  act  to  provide  for  the  organization  and  government  of  irrigation 
districts,  and  to  provide  for  the  acquisition  and  construction  thereby 
of  worl-s  for  the  irrigation  of  the  lands  cmhraced  within  such  dis- 
tricts, and,  also,  to  provide  for  the  distribution  of  water  for  irriga- 
tion purposes. 

(■Approved  March  31,  1S97,  Stats.  1897,  p.  254;  amended  Stats.  1901,  p.  815; 
1905,  p.  27;  1909,  pp.  12,  46,  429,  461,  998,  1062,  1075;  1911,  pp.  509,  1111;  1911  (extra 
session),  pp.  135,  139,  24S  ;  1913.  pp.  59,  781,  993  ;  1915,  pp.  836.  1291,  1326,  1367  ;  1917, 
pp.  751,  915  ;  1919,  pp.  472,  660,  714  ;  1921,  pp.  849,  859,  999,  1004,  1108.=) 

ORGANIZATION. 
Who  may  propose  the  organization  of  an  irrigation  district. 

Section  1.  A  majority  in  number  of  the  holcler.s  of  title  or  evidence 
of  title  to  lands  susceptible  of  irrigation  from  a  common  source  and  by 
the  same  system  of  works  including  pumping  from  subsurface  or  other 
waters,  such  holders  of  title  or  evidence  of  title  representing  a  majority 
in  value  of  said  lands,  may  propose  the  organization  of  an  irrigation 
district,  under  the  provisions  of  this  act ;  or  the  organization  of  such  an 
irrigation  district  may  be  proposed  by  not  less  than  five  hundred  peti- 
tioners, each  petitioner  to  the  number  of  at  least  five  hundred  to  be  an 
elector  residing  in  the  propased  district  or  the  holder  of  title  or  evidence 
of  title  to  land  therein ;  provided,  that  the  said  petitioners  must 
include  the  holders  of  title  or  evidence  of  title  to  not  le-ss  than  twenty 
per  cent  in  value  of  the  lands  included  within  the  proposed,  district. 
The  lands  proposed  to  be  included  within  any  such  irrigation  district 
need  not  consist  of  contiguous  parcels.  Any  holder  of  land  under  a 
possessory  right  accpiired  l)y  entry  or  purcha.se  from  the  United  States 
or  the  State  of  California,  shall  be  deemed  to  be  a  holder  of  evidence  of 
title  to  said  land  within  the  meaning  of  this  act.  The  county  assessment 
roll  of  the  county  in  which  any  lands  included  within  such  proposed 
irrigation  district  are  situated,  which  assessment  roll  has  been  last 
equalized  at  the  time  of  the  fir.st  publication  of  said  petition  as  pro- 
vided in  section  two  of  this  act,  shall  be  conclusive  evidence  as  to  the 
value  of  said  lands  and  the  holders  of  title  or  evidence  of  title  to  said 
lands.  If  any  parcel  of  land  is  assessed  on  any  assessment  roll  to 
unknown  or  fictitiously  named  owners,  or  to  unnamed  owners  in  addi- 

•NoTB — Because  the  present  act  continues  the  principles  of  tlie  original  "Wright  Act 
of  1887,  it  is  still  popularly  known  as  the  "Wright  Act."  Tlie  Wright  Act  of  1887  was 
repealed,  however,  in  1897,  upon  the  passage  of  the  present  act. 

Most  of  the  annotations  on  this  act  were  prepared  by  Mr.  Francis  Carr.  The  notes 
under  section  two  were  largely  contributed  by  Mr.  L.  L.  Dennett. 

=XoTE — The  provisions  of  the  present  act,  when  adopted,  were  based  upon  the 
provisions  of  the  W^riglit  Act  and  acts  supplemental  tliereto,  as  indicated  below. 

Present  Act  Original  Acts 

§§1-65   — — Wright  Act,  Stats.  1887,  p.  29. 

§§68-72 Stats.   1889,  p.   212. 

§§74-84 _- Stats.   1889,  p.   21  ;  as  amended  1893,  p.  516. 

§§85-97 --___--___-Stats.    1889,  p.   IS. 

§§98-99J Stats.    1893,   p.   276. 

§§100-105 Stats.   1893,   p.   295. 

§§106-108 Stats.   1895,  p.   127. 


12  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

tion  to  any  owner  or  owners  named  thereon,  said  parcel  of  land  shall 
be  deemed,  for  any  of  the  purposes  of  this  act,  to  have  but  one  owner  in 
addition  to  any  owner  or  owners  whose  true  name  or  names  may  be 
purported  to  be  given  on  such  assessment  roll.  The  holder  of  title  or 
evidence  of  title  to  an  undivided  interest  in  any  land  aflfected  by  any  of 
the  provisions  of  this  act  may  sign  any  petition  provided  for  in  this 
act,  and  such  undivided  interest  shall  be  counted  and  valued  as  though 
it  were  a  separate  interest,  and  if  the  assessment  roll  shall  fail  to  indicate 
the  extent  of  any  such  undivided  interest,  the  holders  of  title  or  evidence 
of  title  whose  undivided  interest  in  any  land  are  not  specifically 
defined  shall  be  deemed  to  have  equal  shares  therein.  Guardians, 
executors,  administrators  or  other  persons  holding  property  in  a  trust 
capacity  under  appointment  of  court  may  sign  any  petition  provided 
for  in  this  act,  when  authorized  by  an  order  of  court,  which  order  may 
be  made  without  notice.  A  certificate  of  acknowledgment  taken  before 
a  notary  public  or  justice  of  the  peace  of  any  state,  or  an  affidavit  by 
any  person  in  the  presence  of  whom  such  petition  was  signed,  shall  be 
sufficient  evidence  of  the  genuineness  of  such  signature  and  of  the  fact 
of  place  of  residence  of  anv  petitioners  under  this  act.  (Stats.  1919, 
p.  714.) 

Organization : 

Assessment  roll  as  evidence  of  title. 

Matter  of  Bonds  of  South  San  Joaquin  Irr.  Dist.,  161  Cal.  345. 

Legislature  may  authorize  initiatory  proposal  to  be  made  by  such  persons  as  It 
sees  fit. 
Imperial  Water  Co.  vs.  Supervisors,  162  Cal.  14-25. 

Holders  of  title  or  evidence  of  title : 

Board  of  Directors  vs.  Ahila,  106  Cal.  355  ; 
Carson  vs.  Cudworth    (Colo.),   140  Pac.  935; 
In  re  Gallatin  Irr.  Dist.   (Mont.),  140  Pac.  92-4; 
Gem.  Irr.  Dist.  vs.  Johnson  (Idaho),  109  Pac.  845. 

Inclusion  of  public  land  will  not  invalidate  organization. 
Cullen  vs.   Glendora  W.  Co.,  113  Cal.  503; 
Stevens  vs.  Melville  (Utah),  175  Pac.  602; 
Nevada  Bank  vs.  Poso  Dist.,  140  Cal.  344. 

Petition  to  organize  district. 

Sec.  2.  In  order  to  propose  the  organization  of  an  irrigation  district, 
a  petition  signed  by  the  re'iuisite  ma.iority  of  holders  of  title  or  evidence 
of  title  to  lands  within  the  proposed  district  or  by  at  lea.st  five  Imndred 
petitioners,  as  provided  in  section  one  of  this  act,  shall  be  presented  to 
the  board  of  supervisors  of  the  county  in  which  the  lands  within  the 
proposed  district,  or  the  greater  portion  thereof,  are  situated.  Said 
petition  shall  set  forth  generally  the  boundaries  of  the  proposed  district 
and  also  shall  state  generally  the  source  or  sources  (which  may  be  in 
the  alternative)  from  which  said  lands  are  proposed  to  be  irrigated, 
and  shall  pray  that  the  territory  embraced  within  the  boundaries  of  the 
proposed  district  may  be  organized  as  an  irrigation  district  under  the 
provisions  of  this  act.  The  petition  may  consist  of  any  number  of 
separate  instruments,  and  must  be  accompanied  with  a  good  and  suf- 
ficient undertaking,  to  be  approved  by  the  board  of  supervisors,  in 
double  the  amount  of  the  probable  cost  of  organizing  such  district, 
conditioned  that  the  sureties  shall  pay  all  of  said  costs  in  case  said 
organization  shall  not  be  effected.     Said  petition  shall  be  presented  at 


CALIFORNIA    IRRIGATION   DISTRICT   LAWS.  13 

a  regular  meeting  of  said  board,  and  shall  be  published  for  at  least 
two  weeks  before  the  time  at  which  the  same  is  to  be  presented  in  some 
newspaper  of  general  circulation  printed  and  published  in  the  county 
where  said  petition  is  presented  together  with  a  notice  stating  the  time 
of  the  meeting  at  which  the  same  will  be  presented ;  and  if  any  portion 
of  the  lands  within  said  proposed  district  lie  within  another  county 
or  counties,  then  said  petition  and  notice  shall  be  published,  as  above 
provided,  in  a  newspaper  published  in  each  of  said  counties.  When 
contained  upon  more  than  one  instrument,  one  copy  only  of  such 
petition  need  be  published,  but  the  names  attached  to  all  of  said  instru- 
ments must  appear  in  such  publication.  On  or  before  the  day  on 
which  said  petition  is  presented  to  said  board  of  supervisors,  a  copy 
of  said  petition  shall  be  filed  in  the  office  of  the  state  engineer.  Signa- 
tures to  the  petition  may  be  withdrawn  at  any  time  before  the  publi- 
cation is  commenced  as  in  this  section  required,  by  filing  a  declaration, 
signed  by  the  petitioner,  with  the  board  of  supervisors  before  which  the 
petition  is  to  be  presented,  stating  that  it  is  the  intention  of  the 
petitioner  to  withdraw  therefrom,  which  declaration  shall  be  acknowl- 
edged in  the  same  manner  as  conveyances  of  real  estate  are  required  to 
be  acknowledged.  When  said  petition  is  presented,  said  board  of 
supervisors  shall  hear  the  same  and  .shall  proceed  to  determine  whether 
or  not  said  petition  complies  with  the  requirements  hereinbefore  set 
forth  and  whether  or  not  the  notice  required  herein  has  been  published 
as  required,  and  must  hear  all  competent  and  relevant  testimony  offered 
in  support  of  or  in  opposition  thereto.  Said  hearing  may  be  adjourned 
from  time  to  time  for  the  determination  of  said  facts,  not  exceeding 
two  weeks  in  all.  No  defect  in  the  contents  of  the  petition  or  in  the  title 
to  or  form  of  the  notice  or  signatures,  and  no  lack  of  signatures  thereto, 
or  to  the  petition  as  published,  shall  vitiate  any  proceedings  thereon; 
provided,  such  petition  or  petitions  have  a  sufficient  number  of  quali- 
fied signatures  attached  thereto.  The  determination  of  the  board  shall 
be  expressed  by  resolution.  If  it  shall  determine  that  any  of  the 
requirements  hereinbefore  set  forth  have  not  been  complied  with,  the 
matter  shall  be  dismissed,  but  without  prejudice  to  the  right  of  the 
proper  number  of  persons  to  present  a  new  petition  covering  the  same 
matter  or  to  present  the  same  petition  with  additional  signatures,  if  such 
additional  signatures  are  necessary  to  comply  with  the  requirements  of 
this  act.  If  the  board  of  supervisors  shall  determine  that  the  petitioners 
have  complied  with  the  requirements  hereinbefore  set  forth,  it  shall 
cause  a  copy  of  the  resolution  so  declaring  to  be  forwarded  to  the  state 
engineer.  Upon  receiving  a  copy  of  said  resolution,  the  state  engineer 
shall  make  or  cause  to  be  made  such  preliminary  investigation  as  may  be 
practicable,  with  a  view  to  determining  the  feasibility  of  the  project 
proposed  to  be  undertaken.  He  shall  report  as  soon  as  practicable,  but 
at  all  events  within  ninety  days  from  the  date  of  the  adoption  of  the 
said  resolution,  in  writing,  on  the  matter  to  the  board  of  supervisors 
from  which  the  copy  of  said  resolution  w^as  received,  except  that  upon 
receiving  a  written  request  from  the  state  engineer,  the  board  of 
supervisors  may  at  any  meeting  before  the  expiration  of  said  ninety 
days  grant  to  the  state  engineer  not  more  than  ninety  days  additional 
time  in  which  to  make  said  report.     If  the  state  engineer  shall  report 


14  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

within  the  time  specified  herein  that  the  supply  of  water  available  for 
the  use  of  the  proposed  district,  or  that  may  be  acquired  by  any  practi- 
cable means,  including  the  condemnation  of  existing  rights,  is  not  suf- 
ficient or  that  the  project  is  not  feasible  for  any  other  reason  or  reasons, 
the  hearing  of  the  matter  shall  be  continued  for  not  more  than  two 
months  and  shall  then  be  dismissed  unless  the  board  of  supervisors  sliall 
be  petitioned  in  writing  by  three-fourths  of  the  holders  of  title  or 
evidence  of  title  to  land  within  said  proposed  district  to  grant  said 
petition ;  provided,  that  if  the  board  of  supervisors  is  not  so  petitioned, 
it  may  modify  the  plans  for  the  proposed  district  in  accordance  with 
recommendations  by  the  state  engineer.  If  after  receiving  an  adverse 
report  from  the  state  engineer  the  board  of  supervisors  shall  be 
•  petitioned  as  aforesaid  or  shall  decide  to  modify  the  plans  for  the 
proposed  district  in  accordance  with  recommendations  by  the  state 
engineer,  it  shall,  at  the  time  to  which  the  hearing  of  said  matter  shall 
have  been  continued,  set  a  time  for  the  final  hearing  thereof.  If  ttie 
continuance  of  the  matter  is  not  compelled  by  an  adverse  report  as 
aforesaid,  the  board  of  supervisors,  at  its  first  regular  meeting  after 
the  receipt  of  a  report  from  the  state  engineer,  or  at  the  first  regular 
meeting  after  the  expiration  of  the  time  allowed  for  the  making  of 
such  report  if  no  such  report  has  been  received,  shall  set  a  time  for  a 
final  hearing  of  the  matter.  In  any  case  the  time  set  for  the  final 
hearing  as  aforesaid  shall  not  be  less  than  one  week  from  the  meeting 
at  which  said  time  was  set;  promded,  that  notice  of  the  time  of  such 
final  hearing  shall  be  given  by  registered  mail  to  such  party  as  shall 
have  been  designated  for  that  purpose  by  the  petitioners,  or  by  pub- 
lication for  at  least  three  days  in  one  daily  newspaper  published  in  the 
county  in  which  the  lands  within  the  proposed  district,  or  the  greater 
portion  thereof  are  situated.  A  failure  to  give  such  last  mentioned 
notice,  however,  shall  not  affect  the  validity  of  subsequent  proceedings. 
On  a  final  hearing  herein  provided  for,  the  board  may  adjourn  from 
time  to  time,  but  at  no  time  for  a  longer  period  than  three  days  until 
a  determination  of  the  matter  is  reached.  On  said  final  hearing  said 
board  shall  make  such  changes  in  the  proposed  boundaries  as  it  may 
deem  advisable  and  shall  define  and  establish  such  boundaries,  but 
said  board  shall  not  modify  said  boundaries  so  as  to  exclude  from  such 
proposed  district  any  tei*ritory  which  is  susceptible  of  irrigation  from 
any  of  tlie  sources  proposed,  unless  said  board  shall  decide  to  modify 
the  plan  for  such  proposed  district,  as  herein  provided,  nor  shall  any 
lands  which  will  not,  in  the  judgment  of  said  board,  be  benefited  by 
irrigation  by  means  of  said  systems  or  works  be  included  within  such 
proposed  district.  Lands  already  irrigated  and  riparian  lands  may  be 
included  in  the  district  if  in  the  judgment  of  the  board  of  supervisors 
such  land  wnll  be  benefited,  or  if  the  water  used  thereon  or  the  rights 
to  the  use  of  water  thereon  should,  in  the  judgment  of  the  board  of 
supervisors,  be  taken  or  acquired  for  the  district.  Any  person  whose 
lands  are  susceptible  of  irrigation  from  any  of  the  proposed  sources 
may,  upon  his  application,  in  the  discretion  of  said  board,  have  such 
lands  included  within  said  proposed  district.     (Stats.  1919,  p.  715.) 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  15 

Petition  : 

The  form  or  contents  of  the  petition  is  not  important,  provided  that  it  contains 
the  required  recitals  sliowing  the  boundaries  ;  the  proposed  sources  of  supply ; 
that  it  is  the  purpose  of  the  petitioners  to  organize  an  irrigation  district ;  and 
praying  that  the  same  be  organized  thereunder. 

EUs  vs.  Board  of  Supervisors  (Cal.  App.),  38  Cal.  App.  480; 

WiUiam  Hanley  Co.  vs.  Harney  Valley  Irrig.  Dist.   (Ore.),  180  Pac.  72.5. 

Petition,  signatures,  and  bond  for  cost  of  organization : 

Board  of  Directors  vs.  Abila,  106  Cal.  365  ; 

Fogg  vs.  Perris  Irr.  Dist.,  154  Cal.  209  ; 

Central  Irr.  Dist.  vs.  DeLappe,  79  Cal.  351  ; 

In  re  Madera  Irr.  Dist.,  92  Cal.  296  ; 

McAulay  vs.  Board  of  Supervisors,  178  Cal.  628  ; 

Black  Canyon  Dist.  vs.  Marple   (Idaho),  112  Pac.  766. 

Owners  of  possessory  rights  are  eligible  as  petitioners. 
Imperial  Water  Co.  vs.  Supervisors,  162  Cal.  25. 

It  appears  to  be  proper  for  the  board  of  supervisors  to  appoint  some  one  as 
referee  to  compare  the  petitions  and  assessment  roll. 

Imperial  Water  Co.  vs.  Siipervisors,  162  Cal.  24. 

The  best  evidence,  however,  is  required. 

Wilder  vs.   Board,  etc.    (Colo.).   13.5   Pac.    461: 
Ahem  vs.  Board  of  Directors  (Colo.),  89  Pac.  964. 

The  presentation  to  the  board  of  a  bond  is  jurisdictional,  and  where  although 
the  bond  was  informal  it  was  a  binding  obligation  upon  those  who  signed  it,  the 
proceedings  are  not  rendered  illegal.  The  supervisors  may  permit  a  new  bond 
to  be  filed. 

In  re  Madera  Irr.  Dist..  92  Cal.  329; 
Central  Irr.  Dist.  vs.  DeLappe,  79  Cal.  357. 

Description  of  boundaries : 

A  description  by  metes  and  bounds  sufficient  for  an  ordinary  conveyance  will 
suffice.     The  petition  is  sufficient  so  long  as  the  boundaries  can  be  definitely  located. 

Central  Irr.  Dist.  vs.  DeLanpe,  79  Cal.   351  ; 

In  re  Madera  Irr.  Dist.,  92  Cal.  296  ; 

Cullen  vs.  Glendora  Water  Co.,  113  Cal.  503  ; 

Board  of  Directors  vs.  Kimball  (Wash.),  157  Pac.  38. 

Land  in  irrigation  district  may  be  included   in  municipal   water  district. 
Henshaw  vs.  Foster,  176  Cal.  507. 

Notice,  publication,  etc.  : 

In  re  Central  Irr.  Dist.,  117  Cal.  382; 

Fogg  vs.   Perris  Irr.   Dist.,   154   Cal.    209  ; 

Imperial  Water  Co.  vs.  Supervisors,  162  Cal.  14  ; 

Tulare  Dist.  vs.  Shenard,  185  U.  S.  1,  46  L.  Ed.   773; 

Ells  vs.  Board  of  Supervisors   (Cal.  App.),  38  Cal.  App.  480; 

Wm.  Hanley  Co.  vs.  Harney  Valley  Irr.  Dist.  (Ore.),  ISO  Pac.  724. 

The  time  set  for  the  hearing  must  be  at  a  regular  meeting  of  the  board  of 
supervisors,  but  it  is  not  necessary  that  the  notice  specify  that  fact. 

Imperial  Water  Co.  vs.  Supervisors,  162  Cal.  2  3. 

The  notice  need  not  be  separately  signed  and  may  precede  the  petititon,  with 
the  signatures  attached  to  tlie  petition. 

Fogg  vs.  Perris  Dist.,  154  Cal.  209  ; 

Ells  vs.  Board  of  Supervisors  (Cal.  App.),  38  Cal.  App.  480. 

The  date  of  the  petition  and  notice  should  not  vary. 
Ahem  vs.  Board  of  Directors  (Colo.),  89  Pac.   964. 

Hearing: 

At  the  hearing,  the  assessment  roll  is  sufficient  evidence  of  ownership. 
Matter  of  Bonds  of  South  San  Joaquin  Irr.  Dist.,  161  Cal.  345. 

Right  to  withdraw  from  petition  : 

A  petitioner  may  withdraw  his  name  from  the  petition  at  any  time  prior  to  its 
presentation  to  the  board  of  supervisors  on  the  day  fixed  therefor ;  but  see 
amendment  of  1919  suspended  by  referendum. 

McAulay  vs.  Board  of  SupervisorSj  178  Cal.  62  8. 


16  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

Inclusion  and  exclusion  of  lands  : 

While  it  appears  that  the  action  of  the  board  can  not  be  arbitrary  (Ahem  vs. 
Board  of  Directors,  89  Pac.  964).  yet  in  tlie  absence  of  fraud  tlie  action  of  the 
board  of  supervisors  can  not  be  attacked. 

Cullen  vs.  Glendora   Water  Co.,  113  Cal.   503; 
Fallbrook  Irr.  Dist.  vs.  Bradley,  164  U.  S.  112. 

The  application  for  inclusion  or  exclusion  need  not  be  in  writing. 
Central  Irr.  Dist.  vs.  DeLappe,  79  Cal.  351. 

Character  of  land  that  may  be  included : 

As  to  tlae  land  that  may  be  included  within  a  di.strict,  tlie  jurisdiction  of  the 
board  seems  to  be  very  broad.  It  is  proper  to  include  cities  and  any  land  that 
in  its  natural  state  would  be  benefited  by  irrigation. 

La  Mesa  Homes  Co.  vs.  La  Mesa  Irr.  Dist.,  173  Cal.  121  ; 
Tregea  vs.  Modesto  Irr.  Dist.,  164  U.  S.  179. 

On  the  inclusion  of  city  or  town  lots,  see  also 
Board  of  Directors  vs.  Trepea,  88  Cal.  334  ; 
In  re  Mculera  Irr.  Dist.,  92  Cal.  296  ; 
Board  of  Directors  vs.  Abila.  106  Cal.  365  ; 
/)(.  re  Central  Irr.  Dist.,  117  Cal.  382; 
Imperial  Water  Co.  vs.  Supervisors.  162  Cal.  14  ; 
Nampa  Irr.  Dist.  vs.  Brosc    (Idaho),   83  Pac.   499. 

It  appears  that  rights  of  way  of  railroads  may  likewise  be  included. 
Oregon  Short  Line,  etc.,  vs.  Pioneer  Dist.   (Idaho),  102  Pac.  905. 

But  there  also  appears  to  be  no  machinery  by  which  such  rights  of  way  may  be 
compelled  to  pay  assessments. 

Atchison  T.  &  8.  F.  Ry.  Co.  vs.  Reclamation  Dist.  No.  JfOJf,  173  Cal.  91. 

Fixing  of  boundaries  by  board  of  supervisors : 

Central  Irr.  Dist.  vs.  DeLappe,  79  Cal.  351  ; 
Cullen  vs.  Glendora  Water  Co.,  113  Cal.  517  ; 
Board  of  Directors  vs.  Tregea.  88  Cal.  334-351  ; 
Imperial  Water  Co.  vs.  Supervisors,  162  Cal.  14  ; 
Board  of  Directors  vs.  Kimball   (Wash.),  157  Pac.  38; 
Ahem  vs.  Board  of  Directors  (Colo),  89  Pac.  9  63. 

Inclusion   or   exclusion    after   organization : 

Wliere  tlie  petitioner  brings  liimself  within  the  specified  classes  of  those  entitled 
to  exclusion,  he  has  an  absolute  riglit  to  such  exclusion  and  writ  of  mandate  will 
issue  to  enforce  such  riglit. 

Harelson  vs.  South  San  Joaquin  Irr.  Dist.,  20  Cal.  App.  324. 

State  engineer,  procedure  upon  receipt  of  adverse  report  by : 
Rich  et  al  vs.  Connelly  et  al,  35  C.  A.  D.  134. 

State  engineer  to  furnish  information. 

Sec  2a.  The  state  engineer  shall  have  authority,  and  it  shall  be  his 
duty,  to  give  information  so  far  as  may  be  practicable  to  persons  con- 
templating the  organization  of  irrigation  districts  under  the  provisions 
of  this  act.  Whenever  the  department  of  engineering  shall  deem  it  in 
the  public  interest  that  preliminary  surveys  and  field  investigations  of 
proposed  irrigation  district  pro.jects  shall  be  made  at  the  expense  of 
the  state,  the  state  engineer  shall  make  such  surveys  and  field  investiga- 
tions of  such  proposed  irrigation  district  projects,  and,  pending  the 
completion  of  such  surveys  and  invastigation,  the  state  water  commis- 
sion shall  have  authority  to  withhold  from  appropriation  any  unappro- 
priated waters  likely  to  be  needed  therefor.     (Stats.  1917,  p.  755.) 

Order  of  supervisors  reaffirming  conclusions. 

Sec  3.  Upon  the  final  hearing  of  said  petition  or  said  matter,  the 
board  of  supervisors  shall  make  an  order  reaffirming  its  conclusions  as 
to  the  genuineness  and  sufficiency  of  the  petition  and  notice  hereinbefore 


CALIFORNIA    IRRIGATION   DISTRICT   LAWS.  17 

provided  for,  reciting  that  a  report  regarding  the  proposed  district  has 
been  made  by  the  state  engineer  and  is  on  file  with  the  other  records  of 
the  board,  and  describing  the  boundaries  of  the  proposed  district  as 
defined  and  established  by  said  board.  Said  order  shall  be  entered  in 
full  upon  the  minutes  of  said  board.  At  said  final  hearing  no  evidence 
shall  be  heard  against  the  genuineness  or  sufficiency  of  said  petition  or 
notice  unless  it  shall  be  shown  to  the  satisfaction  of  said  board  that  new 
evidence  which,  if  uncontradicted,  would  disprove  the  genuineness  or 
sufficiency  of  said  petition  or  notice  has  been  discovered  since  said  board 
adopted  the  resolution  declaring  that  said  petition  and  notice  complied 
with  all  the  requirements  of  this  act.  In  case  any  new  evidence  is 
admitted,  full  opportunity  shall  be  given  for  the  introduction  of  evi- 
dence in  rebuttal  thereof.     (Stats.  1913,  p.  996.) 

Sufficiency  of  petition  and  genuineness  of  signatures  to  be  determined  by  board 
of  supervisors. 

Imperial  Water  Co.  vs.  Supervisors,  162  Cal.  14-19. 

Finding  of  board  to  be  conclusive. 

Sec.  4.  A  finding  of  the  board  of  supervisors  in  favor  of  the  genuine- 
ness and  sufficiency  of  the  petition  and  notice  shall  be  final  and  con- 
clusive against  all  persons  except  the  State  of  California  upon  suit 
commenced  by  the  attorney  general.  Any  such  suit  must  be  com- 
menced within  one  year  after  the  order  of  the  board  of  supervisors 
declaring  such  district  organized  as  herein  provided,  and  not  other^\^se. 
(Stats.  1911,  extra  session,  p.  139.) 

Former  section  4  providing  for  appeal  to  superior  court  was  unconstitutional. 
Chinn  vs.  Superior   Court,  156  Cal.  478. 

Certiorari : 

Imperial  Water  Co.  vs.  Siipervisors,  162  Cal.  14. 

Conclusiveness  of  order : 

Fallbrook  Irr.  Dist.  vs.  Bradley.  164  U.  S.  112,  171  ; 

People   vs.    Hagar.   52    Cal.    171-182; 

Board  of  Directors  vs.  Treqeu.  88  Cal.  335-54  ; 

In  re  Madera  Irr.  Dist..  92   Cal.   296-324; 

O-Neill  vs.  Yellou-stone  Dist.  (Mont.),  121  Pac.  283  ; 

Progressive  Irr.  Dist.  vs.  Smith  (Idaho),  156  Pac.  1133; 

Board  of  Directors  vs.  Peterson    (Ore.),  129  Pac.  123; 

Liiiks  vs.   Anderson    (Ore.),    16S    Pac.    605; 

Herrett  vs.  Warm  Springs  Dist.  (Ore.).  168  Pac.  609; 

Andrews  vs.  Lillian  Irr.  Dist.   (Nebr.),  97  N.  W^  336  ; 

Sowerxcine  vs.   Central  Dist.    (Nebr.),  124  N.  W.   119; 

Ells  vs.  Board  of  Supervisors  (Cal.  App. )   38  Cal.  App.  480. 

Statute  of  limitations : 

(See  Sec.  72  infra.)  '. 

In  re  Central  Irr.  District,  117  Cal.  3S2  ; 

People  vs.  Perris  Irr.  Dist..  142  Cal.  601  ; 

Miller  vs.  Perris  Irr.  Dist..  So  Fed.  693  ; 

Tulare  Irr.  Dist.  vs.  Shepard,  185  U.  S.  1-18,  46  L.  Ed.  773,  781; 

Progressive  Irr.  Dist.  vs.  Anderson  (Idaho),  114  Pac.  16-18. 

Bona  fide  attempt  to  organize  followed  by  user : 
Tulare  Irr.  Dist.  vs.  Shepard,  185  U.  S.  1. 

Divisions  in  district  and  election  of  directors. 

Sec  5.  If,  on  said  final  hearing,  the  boundaries  of  the  proposed  dis- 
trict are  defined  and  established,  said  board  shall  make  an  order  dividing 
said  district  into  five  divisions,  as  nearly  equal  in  size  as  may  be  prac- 
ticable, which  shall  be  numbered  first,  second,  third,  fourth  "^and  fifth, 
and  one   director  shall  be  elected  for  each  division  by  the  electors 

2—16169 


18  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

thereof ;  provided,  that  if  so  requested  in  said  petition,  the  board  may 
order  that  there  shall  be  only  three  divisions  in  said  district,  and  that 
only  three  directors  be  elected,  and  that  the  directors  may  be  elected 
by  the  district  at  larsre,  or  by  divisions,  as  such  petition  shall  provide, 
but  in  any  event  such  directors  shall  be  elected  to  represent  separate 
divisions  and  shall  be  residents  of  the  respective  divisions  they  are 
elected  to  represent.     (Stats.  1915,  p.  1368.) 

Culleti  vs.   Glendora  Water  Co.,  113  Gal.  503. 

ELECTION  ON  ORGANIZATION. 

Election  on  organization. 

Sec.  6.  Said  board  of  supervisors  shall  then  give  notice  of  an  elec- 
tion to  be  held  in  such  proposed  district,  for  the  purpose  of  determining 
whether  or  not  the  same  shall  be  organized  under  the  provisions  of 
this  act.  Such  notice  shall  describe  the  boundaries  so  established, 
and  shall  designate  a  name  for  the  proposed  district,  and  said  notice 
shall  be  published  for  at  least  three  weeks  previous  to  such  election, 
in  a  newspaper  published  within  the  county  in  which  the  petition 
for  the  organization  of  the  proposed  district  was  presented;  and  if 
any  portion  of  such  proposed  district  is  within  another  county  or 
counties,  then  such  notice  shall  be  published  for  the  same  length  of 
time  in  a  newspaper  published  in  each  of  said  counties.  Such  notice 
shall  require  the  electors  to  cast  ballots,  which  shall  contain  the  words 
"Irrigation  District — Yes,"  or  "Irrigation  District — No,"  or  words 
equivalent  thereto,  and  also  the  names  of  persons  to  be  voted  for  at 
said  election.  For  the  purposes  of  said  election  the  board  of  super- 
visors must  establivsh  a  convenient  number  of  election  precincts  in  said 
proposed  district,  and  define  the  boundaries  of  the  same.  Such  elec- 
tion shall  be  conducted  as  nearly  as  practicable  in  accordance  with 
the  general  election  laws  of  the  state,  but  no  particular  form  of  baUot 
shall  be  required. 

Central  Irr.  Dist.  vs.  DeLappe,  79  Cal.  351  ; 
Cnllen  vs.   Glendora   Water  Co..  113  Cal.  503; 
Links  vs.  Anderson    (Ore.),  168  Pac.  1182. 

Officers  to  be  elected. 

Sec.  7.  At  such  election  there  shall  be  elected  a  board  of  directors, 
and  an  assessor,  tax  collector,  and  treasurer;  provided,  that  where  a 
consolidation  of  officers  as  hereinafter  provided  for  is  deemed  advisable 
in  the  organization  of  a  district,  the  petitioners  may  request  in  their 
petition  for  organization  such  consolidation,  and  the  board  of  super- 
visors calling  the  election  shall  in  its  order  therefor  announce  such 
consolidation,  and  then  only  one  person  shall  be  elected  to  fill  the 
several  offices  so  consolidated. 

Qualifications  of  electors. 

Sec.  8.  No  person  shall  be  entitled  to  vote  at  any  election  held  under 
the  provisions  of  this  act  unless  he  possesses  all  the  qualifications 
required  of  electors  under  the  general  election  laws  of  the  state. 

In  re  Madera  Irr.  District,  92  Cal.  321. 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  19 

Canvass  of  votes;  majority  to  determine  organization. 

Sec.  9.  The  board  of  supervisors  shall  meet  on  the  second  Monday 
succeeding  such  election,  and  shall  proceed  to  canvass  the  votes  cast 
thereat,  and  if  upon  such  canvass  it  appears  that  a  majority  of  all  the 
votes  cast  are  "Irrigation  District — Yes,"  said  board  shall,  by  an 
order  entered  on  its  minutes  declare  the  territory  duly  organized  as 
an  irrigation  district,  under  the  name  theretofore  designated,  and  shall 
declare  the  persons  receiving  respectively  the  highest  number  of  votes 
at  said  election  to  be  duly  elected.     (Stats.  1919,  p.  718.) 

Imperial  Water  Co.  vs.  Supervisors.  162  Cal.  14-19  ; 
Progressive  Irr.  Dist.  vs.  Andersoti   (Idaho),  114  Pac.  16. 

Order  to  be  filed  with  county  recorder. 

Sec.  10.  Said  board  shall  then  cause  a  copy  of  such  order,  duly 
certified,  to  be  immediately  filed  for  record  in  the  office  of  the  county 
recorder  of  any  county  in  which  any  portion  of  the  lands  embraced  in 
such  district  are  situated,  and  must  also  immediately  forward  a  copy 
thereof  to  the  clerk  of  the  board  of  supervisors  of  each  of  said  last- 
mentioned  counties,  and  no  board  of  supervisors  of  any  county  in 
which  any  portion  of  the  lands  embraced  in  such  district  are  situated 
shall,  after  the  date  of  the  organization  thereof,  allow  another  district 
to  be  formed  including  any  portion  of  said  lands,  without  the  consent 
of  the  board  of  directors  of  the  district  in  which  they  are  situated. 
From  and  after  such  filing,  the  organization  of  such  district  shall  be 
complete. 

Courts  have  no  power  to  dissolve  an  irrigation  district  in  the  absence  of 
statutory  autliority. 

People  vs.  Sel))ia  Irrigation  Dist.,  9S  Cal.  206. 

When  the  organization  of  the  district  has  been  declared  by  order  of  the  board  of 
supervisors,  tlie  order  is  notice  to  its  inliabitants  and  to  the  world  of  its  existence 
and  of  its  boundaries. 

Fogg  vs.  Perris  Irr.  District,  154  Cal.  209  ; 

Progressive  Irr.  Dist.   vs.  Anderson    (Idalio).   114   Pac.   16. 

Election  may  be  contested;  appeal. 

Sec.  11.  Such  election,  on  organization,  may  be  contested  by  any 
pei-son  owning  property  within  the  proposed  district  liable  to  assess- 
ment. The  directors  elected  at  such  election  shall  be  made  parties 
defendant.  Such  contest  shall  be  brought  in  the  superior  court  of  the 
county  where  the  petition  for  organization  is  filed:  provided,  that  if 
more  than  one  contest  ])e  pending  they  shall  be  consolidated  and  tried 
together.  The  court  having  jurisdiction  shall  speedily  try  such  con- 
test, and  determine,  upon  the  hearing,  whether  the  election  was  fairly 
conducted  and  in  substantial  compliance  with  the  requirements  of  this 
act,  and  enter  its  judgment  accordingly.  Such  contest  must  be  brought 
within  twenty  days  after  the  canvass  of  the  vote  and  declaration  of 
the  result  by  the  .board  of  .supervisors.  The  right  of  appeal  is  hereby 
given  to  either  party  to  the  record  within  thirty  days  from  entry  of 
judgment.  The  appeal  mu.st  be  heard  and  determined  by  the  supreme 
court  within  sixty  days  from  the  time  of  filing  the  notice  of  appeal. 


20  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

Tenure  of  office. 

Sec.  12.  The  officers  elected  at  the  election  hereinbefore  provided 
for  shall  immediately  enter  upon  their  duties  as  such,  upon  qualifying 
in  the  manner  for  such  officers  herein  provided.  Said  officers  shall 
hold  office  respectively  until  their  successors  are  elected  and  qualified. 

Officers  of  irrigation  district  are  public  officers. 
In  re  Madera  Irr.  District,  92  Cal.  296  ; 
People  vs.  Selma  District,  98  Cal.   206. 

DUTIES  AND  POWERS  OF  THE  BOARD  OF  DIRECTORS. 

Organization. 

Sec.  13.  The  directors  of  any  district  created  after  the  passage  of 
this  act,  on  the  first  Tuesday  after  they  have  been  declared  elected  and 
after  they  shall  have  qualified,  shall  meet  and  classify  themselves  by 
lot  into  two  classes,  as  nearly  equal  in  number  as  possible,  and  the  term 
of  office  of  the  class  having  the  less  number  shall  expire  at  the  next 
general  February  election  in  this  act  provided  for ;  and  the  term  of  office 
of  the  class  having  the  greater  number  shall  terminate  at  the  next 
general  February  election  thereafter.  After  such  classification,  said 
directors  shall  organize  as  a  board,  shall  elect  a  president  from  their 
number,  and  appoint  a  secretary,  who  shall  each  hold  office  during 
the  pleasure  of  the  board.  The  salary  of  the  secretary  and  the  amount 
of  the  bond  to  be  given  by  him  for  the  faithful  performance  of  his 
duties  shall  be  fixed  by  the  board  of  directors.     (Stats.  1921,  p.  859.) 

Board  of  directors  have  no  power  to  appoint  their  own   memljers  as  secretary 
or  superintendent. 

Interstate  Trust  Co.  vs.  Steele  (Colo.),  173  Pac.  873-5. 

Monthly  meetings;   quorum. 

Sec.  14.  The  board  of  directors  shall  hold  a  regular  meeting  on  the 
first  Tuesday  of  each  month  at  the  place  selected  as  the  office  of  the 
board;  provided,  that  the  board  may,  by  resolution  duly  entered  upon 
its  minutes,  fix  any  other  time  as  the  time  for  its  regular  monthly  meet- 
ing, but  no  change  in  the  time  of  holding  regular  meetings  of  the 
board  shall  be  made  until  after  the  resolution  proposing  such  change 
has  been  published  once  a  week  for  two  .successive  weeks  in  a  newspaper 
published  in  the  county  in  which  the  office  of  the  district  is  kept.  Such 
special  meetings  of  the  board  of  directors  may  be  held  as  may  be 
required  for  the  proper  transaction  of  the  business  of  the  district,  but 
a  special  meeting  must  be  ordered  by  a  majority  of  the  board.  The 
order  must  be  entered  of  record,  and  five  days  notice  thereof  must  by 
the  secretary  be  given  to  each  director  not  joining  in  the  order.  The 
order  must  specify  the  business  to  be  transacted,  and  no  other  business 
than  that  specified  in  the  order  may  be  transacted  at  such  special 
meeting,  unless  all  the  members  are  present  and  consent  to  the  con- 
sideration of  any  business  not  specified  in  said  order.  All  meetings  of 
the  board  must  be  public  and  three  members  shall  constitute  a  quorum 
for  the  transaction  of  business;  provided,  however,  that  when  the' 
board  consists  of  three  members  only,  then  in  such  case  two  shall  consti- 
tute a  quorum  for  the  transaction  of  business,  but  on  all  questions 
requiring  a  vote,  except  a  motion  to  adjourn  or  a  motion  to  adjourn  to 
a  stated  time,  there  shall  be  a  concurrence  of  at  least  the  number 


CALIFORNIA   IRRIGATION    DISTRICT   LAWS.  21 

constituting  a  qiiornm.  A  smaller  number  of  directors  than  a  quorum 
may  adjourn  from  day  to  day.  All  records  of  the  board  shall  be  open 
to  public  inspection  during  business  hours.  Whenever  any  act  is 
required  to  be  done  or  proceeding  taken  by  this  act,  or  by  an  act 
supplemental  or  amendatory  thereto,  on  the  first  Tuesday  in  any  month, 
such  act  may  be  done  or  proceeding  had  upon  the  day  specified  in  the 
resolution  hereinbefore  referred  to  as  the  time  for  the  regular  meeting 
of  the  board  of  directors;  provided,  also,  that  when  a  day  other  than  the 
first  Tuesday  in  the  month  shall  have  been  specified  as  the  time  for 
the  regular  meeting  of  the  board  of  directors,  thereafter  the  newly 
elected  officers  of  the  district  shall  take  effect  at  noon  on  the  day  fixed 
for  the  regular  monthly  meeting  of  said  board  in  March  and  said 
board  shall  meet  for  reorganization  and  the  transaction  of  any  other 
business  of  the  district  in  the  afternoon  of  said  day.  (Stats.  1917, 
p.  755.) 

Imperial  Land  Co.  vs.  Imperial  Irr.  District,  173  Cal.  660-5. 

Publication  of  financial  condition. 

Sec.  14(7.  The  board  of  directors  at  their  regular  monthly  meeting 
in  January  of  each  year  shall  render  and  immediately  thereafter  cause 
to  be  published  a  verified  statement  of  the  financial  condition  of  the 
district,  showing  particularly  the  receipts  and  disbursements  of  the  last 
preceding  year,  together  with  the  source  of  such  receipts  and  purpose 
of  such  disbursements.  Said  publication  shall  be  made  at  least  once 
a  week  for  two  weeks,  in  some  newspaper,  published  in  the  county 
where  the  office  of  the  board  of  directors  of  such  district  is  situated. 
(Stats.  1917,  p.  756.) 

General  powers  of  directors. 

Sec.  15.  The  board  of  directors  shall  have  the  power  and  it  shall  be 
their  duty  to  manage  and  conduct  the  business  and  affairs  of  the  dis- 
trict; make  and  execute  all  necessary  contracts;  employ  and  appoint 
such  agents,  officers,  and  employees  as  may  be  required,  and  prescribe 
their  duties.^  The  board  and  its  agents  and  employees  shall  have  the 
right  to  enter  upon  any  land  to  make  surveys,  and  may  locate  the 
necessary  irrigation  works  and  the  line  for  canal  or  canals,  and  the 
necessary  branches  for  the  same  on  any  lands  which  may  be  deemed 
best  for  such  location.  Said  board  shall  also  have  the  right  to  acquire, 
by  purchase,  lease,  contract,  condemnation, ^  or  other  legal  means,  all 
lands,  and  waters,  and  water  rights,  and  other  property  necessary  for 
the  construction,  use,  supply,  maintenance,  repair  and  improvements  of 
said  canal,  or  canals,  and  works,  whether  in  this  or  in  other  states^  or 
in  a  foreign  nation,  including  canals,  and  works  constructed  and  being 
constructed  by  private  owners,^  lands  for  reservoirs  for  the  storage 
of  needful  waters,  and  all  necessary  appurtenances,  and  also  where 

^Section  7  of  the  Workmen's  Compensation,  Insurance  and  Safety  Act  of  1917  (as 
amended  by  Stats.  1919,  p.  913)  provides  that  the  term  "employer"  as  used  in  the 
act,  shall  be  construed  to  include  irrigation  districts. 

"For  power  of  district  to  take  immediate  possession  of  right  of  way  in  eminent 
domain  proceedings,  see  Art.  I,   Sec.   14,  of  the  Constitution,  page  9   hereof. 

^For  regulations  governing  agreements  with  irrigation  districts  in  adjoining  states, 
see  supplementary  act  of  1917    (Stats.   1917,  p.  905). 

*The  procedure  before  the  Railroad  Commission  for  the  valuation  of  the  property 
of  a  public  utility  in  condemnation  proceedings  instituted  by  a  district  is  prescribed 
in  sections  47  and  70  of  the  Public  Utilities  Act   (as  amended  by  Stats.  1917,  p.  261), 


22  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

necessary  or  convenient  to  said  ends  to  acquire  and  hold  the  stock  of 
other  corporations  domestic  or  foreign^  owning  waters,  canals,  water- 
works, franchises,  concessions  or  rights.  Said  board  may  enter  into, 
and  do  any  acts  necessary  or  proper  for  the  performance  of,  any  agree- 
ments with  the  United  States,-  or  any  state,  county,  district  of  any 
kind,  public  or  private  corporation,  association,  firm  or  individual,  or 
any  number  of  them,  for  the  joint  acquisition,  construction,  leasing, 
ownership,  disposition,  use,  management,  maintenance,  repair  or  opera- 
tion of  any  rights,  works  or  other  property  of  a  kind  which  might 
lawfully  be  acquired  or  owned  by  the  irrigation  district,  and  may 
acquire  the  right  to  store  water  in  any  reservoirs  or  to  carry  water 
through  any  canal,  ditch  or  conduit  not  owned  or  controlled  by  the 
district,  and  may  grant  to  any  owner  or  lessee  of  the  right  to  the  use 
of  any  water  the  right  to  store  such  water  in  any  reservoir  of  the 
district  or  to  carry  such  water  through  any  canal,  ditch  or  conduit  of 
the  district.     (Stats.  1919,  p.  661.) 

Irrigation  district  may  sue  and  be  sued. 

Boehvier  vs.  Big  Rock  Irr.  Dist.,  117  Cal.  19  ; 

Peters  vs.   Union  Gap  Irr.  Dist.   (Wash.),  167  Fac.  1085; 

Noon  vs.   Gem   Irr.  District,  20.5   Fed.   402. 

Power  of  directors  to  mal^e  contracts  : 

Board  of  Directors  vs.  Peterson   (Ore.),   128  Pac.   837; 

Colhurn  vs.   Wilson    (Idaho).   130  Pac.   381; 

Hansen  vs.  Kittitas  Dist.    (Wash.),   134  Pac.  1083; 

Warm  Springs  Irr.  Dist.  vs.  Pacific  Live  Stock  Company   (Ore.),  173  Pac.  265. 

"Property  necessary"  includes  pipeline  : 

Rialto  Irr.  Dist.  vs.  Brandon,  103  Cal.  3  84. 

Sec.  15a.     (Repealed  Stats.  1919,  p.  661,  Ch.  339.) 

Dams;  conveyances. 

Sec.  156.  The  board  of  directors  of  any  irrigation  district  may  also 
construct  the  necessary  dams,  reservoirs,  and  works  for  the  collection 
i!)*'  said  district,  and  do  any  and  every  lawful  act  necessary 
to  be  done,  that  sufficient  water  may  be  furnished  to  each  landowner  in 
said  district  for  irrigation  and  domestic  purposes;  provided,  that  where, 
within  irrigation  districts  mutual  water  companies  have  been  organ- 
ized to  furni.sh  water  to  certain  specified  lands  within  said  districts, 
the  board  of  directors  of  such  districts  are  hereby  authorized  and 
empowered  to  contract  for  the  delivery  of  water  for  such  lands  as  lie 
within  the  boundary  of  said  water  companies,  through  said  mutual 
water  companies  only.  The  said  board  is  hereby  authorized  and 
empowered  to  take  conveyances,  leases,  contracts  or  other  assurancas 
for  all  property  acquired  by  it  under  the  provisions  of  this  act,  in  the 
name  of  such  irrigation  district,  to  and  for  the  uses  and  purposes  herein 
expressed,  and  to  institute  and  maintain  any  and  all  actions  and 
proceedings,  suits  at  law  or  in  equity'  necessary  or  proper  in  order  to 
fully  carry  out  the  provisions  of  this  act,   or  to   enforce,  maintain, 

^Districts  are  given  authority  to  acquire  tlie  stock  of  any  foreign  corporation  own- 
ing a  system  in  a  foreign  country  by  Art.  IV,  Sec.  31,  of  the  Constitution,  page  9  liereof. 

=Autliority  to  enter  into  agreements  with  the  United  States  government  under  the 
federal  reclamation  laws  is  given  by  Stats.  1917,  p.  243  and  p.  781.  Supplementary 
powers  are  also  given  by  Stats.  1907,  p.  569,  providing  for  drainage  by  districts,  and 
^tats.  1913,  p,  7.5,  permitting  the  employment  of  agricultural  experts  by  districts. 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  23 

protect  or  preserve  any  and  all  rights,  privileges  and  imraimities  created 
by  this  act,  or  acquired  in  pursuance  thereof.  And  in  all  courts, 
actions,  suits  or  proceedings,  the  said  board  may  sue,  appear  and  defend 
in  person  or  by  attorneys,  and  in  the  name  of  such  irritration  district. 
(Stats.  1917,  p.  758.) 

Right  to  contract  with  mutual  water  company  to  deliver  water  to  district  sus- 
tained under  Idaho  statute. 

Pioneer  Irr.  Dist.  vs.  Stone  (Idaho),  130  Pac.  382. 

Rules  for  use  of  water. 

Sec.  15c.  It  shall  be  the  duty  of  the  board  of  directors  of  any  irri- 
gation di.strict  to  establish  ec{uitable  by-laws,  rules  and  regulations  for 
the  distribution  and  use  of  water  among  the  owners  of  said  lands, 
which  must  be  printed  in  convenient  form  for  distribution  in  the 
district.  Said  board  shall  have  power  generally  to  perform  all  such 
acts  as  shall  be  necessarv  to  fullv  carrv  out  the  purposes  of  this  act. 
(Stats.  1917,  p.  758.) 

General  and  implied  powers  : 

City  of  Nampa  vs.  Xampa.  etc.,  Dist.  (Idaho),  131  Pac.  8; 
Stevens  vs.  Melville  (Utah),  175  Pac.  602-4. 

Power  to  make  and  enforce  rules  : 

Hump  vs.  State   (Wyo.),  118  Pac.  653,  662; 

La  Mesa  Cotnmitnitr/  Ditch  vs.  Appelsoeller  (N.  Mex. ).  140  Pac.  1051. 

See  also  Sec.  IS  hereof. 

Change  election  precincts;  lease  canals. 

Sec.  lod.  The  board  of  directors,  when  they  deem  it  advisable  for 
the  best  interests  of  the  district,  and  the  convenience  of  the  electors 
thereof,  may  at  any  time,  but  not  less  than  sixty  days  before  an  election 
to  be  held  in  the  district,  change  the  boundaries  of  the  divisions  or 
election  precincts  of  the  district  or  of  both;  provided,  such  changes 
shall  be  made  to  keep  each  division  as  nearly  equal  in  area  and  popula- 
tion as  may  be  practicable.  Such  change  of  boundaries  of  the  divisions 
and  precincts  must  be  shown  on  the  minutes  of  the  board.  The  board 
of  directors  of  any  irrigation  district  now  or  that  may  hereafter  be 
organized  in  the  state,  shall  also  have  the  power,  and  such  board  is 
hereby  vested  with  the  authority,  to  lease  the  system  of  canals  and 
works  in  the  district,  or  any  part  thereof,  whenever  such  leasing  may 
be  for  the  benefit  of  the  district;  provided,  that  when  the  directors  of 
any  irrigation  district  contemplate  the  leasing  of  the  canals  and  works 
of  such  district,  they  shall  give  notice  of  such  contemplation  by  pub- 
lishing the  same  in  some  newspaper  published  in  the  county  in  which 
such  irrigation  di.strict  lies,  at  least  three  weeks  prior  to  the  making  of 
any  lease,  and  such  lease  shall  be  made  to  the  highest  bidder.  But  such 
board  shall  have  the  right  to  reject  any  and  all  such  bids.  Such  lease 
.shall  in  no  way  interfere  with  any  rights  that  may  have  been  established 
by  law,  at  the  time  such  lease  is  made;  atid,  further  provided,  that  the 
board  of  directors  shall  require  a  good  and  sufficient  bond  to  secure 
faithful  performance  of  the  lease  by  the  lessees.     (Stats.  1917,  p.  758.) 

Lease  or  transfer  of  property  : 

Byington  vs.   Saci-amento  Valley,  etc.,  Co.,   170  Cal.  124,   130. 

Sec.  15-|.     (Renumbered  as  section  15c7  by  Stats.  1917,  p.  758.) 


24  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

Condemnation  proceedings. 

Sec.  16.  In  case  of  condemnation  proceedings  the  board  shall  pro- 
ceed, in  the  name  of  the  district,  nnder  the  provisions  of  title  seven, 
part  three  of  the  Code  of  Civil  Procedure  of  the  State  of  California, 
and  all  pleadings,  proceedings,  and  process  in  said  title  provided  shall 
be  applicable  to  the  condemnation  proceedings  hereunder.^  (Stats. 
1917,  p.  759.) 

Condemnation,  procedure: 

Warm  8i)rinys  Irr.  Dist.  vs.  Pacific  Live  Stock  Co.  (Ore.),  173  Pac.  265. 

Power  to  condemn  canals  and  water  rights  of  irrigation  district  for  more  necessary- 
public  use,  queried : 

Colburn  vs.  Wilson  (Idaho),  130  Pac.  381. 

Showing  of  necessity: 

Rialto  Irr.  Dist.  vs.  Brandon,  103  Cal.  384. 


WATER  REGULATIONS. 
Water  regulations. 

Sec.  17.  The  use  of  all  water  required  for  the  irrigation  of  the 
lands  of  any  district  formed  under  the  provisions  of  this  act,  or  the 
act  of  which  this  is  supplementary  or  amendatory,  and  for  domestic 
and  other  incidental  and  beneficial  uses,  within  such  district,^  together 
with  the  rights  of  way  for  canals  and  ditches,^  sites  for  reservoirs,  and 
all  other  property  required  in  fully  carrying  out  the  provisions  of  this 
act  is  hereby  declared  to  be  a  public  use,  subject  to  the  regulation  and 
control  of  the  state,  in  the  manner  prescribed  by  law.  (Stats.  1911, 
p.  512.) 

Apportionment  of  water. 

Sec.  18.  It  is  hereby  expressly  provided  that  all  waters  distributed 
for  irrigation  purposes  shall  be  apportioned  ratably  to  each  land  owner 
upon  the  basis  of  the  ratio  which  the  last  assessment  of  such  owner  for 
district  purposes  within  said  district  bears  to  the  whole  sum  assessed 
upon  the  district;  and  any  land  owner  may  assign  the  right  to  the 
whole  or  any  portion  of  the  waters  so  apportioned  to  him;  provided, 
that  when  any  rates  of  toll  and  charges  for  the  use  of  water  are  fixed 
by  the  board  of  directors,  as  provided  in  section  fifty-five  of  this  act, 
the  water  for  the  use  of  which  such  rates  of  toll  and  charges  have  been 
fixed  shall  be  distributed  equitably,  as  may  be  provided  by  the  board 
of  directors,  among  those  offering  to  make  the  required  payment  there- 
for; and  provided,  further,  that  if  an  irrigation  district  has  contracted 
to  deliver,  and  is  delivering,  water  to  mutual  water  companies  for 
distribution  to  territory  served  thereby,  the  water  shall  be  apportioned 
on  such  a  basis  as  the  board  of  directors  shall  find  to  be  just  and 

^For  power  of  district  to  take  immediate  possession  of  right  of  way  in  eminent 
domain  proceedings,   see  Art.  I,   Sec.   14,  of  the  Constitution,  page  9  hereof. 

-See  Art.  XIV,  Sec.  1,  of  the  ^Constitution,  page  10  hereof,  declaring  use  of  water  a 
public  use.  Also  "An  act  regarding  irrigation  and  declaring  the  same  to  be  a  public 
use,"  approved  May  1,  1911,  Stats.  1911,  p.  1407. 


CALIFORNIA   lERIGATION   DISTRICT   LAWS.  25 

equitable  and  for  the  best  interests  of  all  parties  concerned.     (Stats. 
1919,  p.  661.) 

Board  of  Directors  vs.   Tregea,  88  Cal.  334; 

Hewitt  vs.  S.  J.  and  P.  V.  Irr.  Dist.,  124  Cal.   186; 

Merchants,  etc..  Bank  vs.  Escondido  Seminary,  144  Cal.  329  ; 

Jennison  vs.  Redfield,  149   Cal.   500  ; 

Nelson  vs.  Anderson-Cottonwood  Irr.  Dist.,  34  C.  A.  D.  316. 

See  also  Sec.  15c  hereof. 

GENERAL  ELECTIONS. 
Irrigation  district  officers  to  be  elected. 

Sec  19.  An  election,  which  shall  be  known  as  the  general  irrigation 
district  election,  shall  be  held  in  each  irrigation  district  on  the  first 
Wednesday  in  February  in  each  odd-numbered  year,  at  which  a  suc- 
cessor shall  be  chosen  to  each  officer  who.se  term  shall  expire  in  March 
next  thereafter.  The  person  receiving  the  highest  number  of  votes  for 
each  office  to  be  filled  at  such  election  shall  be  elected  thereto.  The 
elective  officers  of  an  irrigation  district  shall  be  as  many  directors  as 
there  are  di\isions  in  the  district,  and  an  assessor,  a  collector  and  a 
treasurer;  provided,  that  if  any  two  or  more  offices  shall  have  been 
consolidated  as  provided  in  section  seven  or  section  twenty-seven 
hereof,  only  one  person  shall  be  elected  to  fill  such  consolidated  offices, 
the  term  of  office  of  each  elective  officer  of  an  irrigation  district  elected 
at  or  after  the  general  irrigation  district  election  in  one  thousand  nine 
hundred  nineteen  shall  be  four  years,  or  until  his  successor  is  elected 
and  has  qualified.     (Stats.  1917,  p.  759.) 

Official  bonds. 

Sec  19a..  Within  ten  days  after  receiving  their  certificates  of  elec- 
tion hereinafter  provided  for,  said  officers  shall  take  and  subscribe  the 
official  oath,  and  file  the  same  in  the  office  of  the  board  of  directors, 
and  execute  the  bond  hereinafter  provided  for.  The  assessor  shall 
execute  an  official  bond  in  the  sum  of  five  thousand  dollars,  and  the 
collector  an  official  bond  in  the  sum  of  twenty  thousand  dollars,  and 
the  district  treasurer  an  official  bond  in  the  sum  of  fifty  thousand  dol- 
lars; each  of  said  bonds  to  be  approved  by  the  board  of  directors; 
provided,  that  the  board  of  directors  may,  if  it  shall  be  deemed 
advisable,  fix  the  bonds  of  the  treasurer  and  collector,  respectively,  to 
suit  the  conditions  of  the  district,  the  maximum  amount  of  the  treas- 
urer's bond  not  to  exceed  fifty  thousand  dollars,  and  the  minimum 
amount  thereof  not  to  be  less  than  ten  thousand  dollars ;  and  the  maxi- 
mum amount  of  the  collector's  bond  not  to  exceed  twenty  thousand 
dollars,  and  tli£  minimum  amount  of  the  collector's  bond  not  to  be  less 
than  five  thousand  dollars.  Each  member  of  said  board  of  directors 
shall  execute  an  official  bond  in  the  sum  of  five  thousand  dollars,  which 
said  bonds  shall  be  approved  by  the  judge  of  the  superior  court  of  said 
county  where  such  organization  was  effected,  and  shall  be  recorded  in 
the  office  of  the  county  recorder  thereof,  and  filed  with  the  secretary  of 
said  board.  All  official  bonds  herein  pro\'ided  for  shall  be  in  the  form 
prescribed  by  law  for  the  official  bonds  of  county  officers  and  the 
premiums  thereon  may  be  paid  by  the  district;  provided,  that  in  case 
any  district  organized  under  this  title  is  appointed  fiscal  agent  of  the 


26  CALIFORNIA   IRRIGATION    DISTRICT   LAWS. 

United  States  or  by  the-  United  States  in  connection  with  any  federal 
reclamation  project,  each  of  said  officers  shall  execute  a  further  and 
additional  official  bond  in  such  sum  as  the  secretary  of  the  interior  may 
require,  conditioned  for  the  faithful  discharge  of  the  duties  of  his  office- 
and  the  faithful  discharge  by  the  district  of  its  duties  as  fiscal  or  other 
agent  of  the  United  States  under  any  such  appointment  or  authoriza- 
tion, and  any  such  bond  may  be  sued  upon  by  the  United  States  or  any 
person  injured  by  the  failure  of  such  officer  or  the  district  to  fully, 
promptly  and  completely  perform  their  respective  duties.  (Stats.  1917, 
p.  760.) 

Form  and  condition  of  official  bond : 

Political  Code,  sections  954,  9  58. 

Vacancy  created  by  failure  of  officer  to  qualify : 
Political  Code,  section  996,  subdivision  9. 

If  election  be  not  held. 

Sec.  Idh.  If  an  election  is  not  held  as  herein  provided,  then  upon 
the  filing  of  a  petition  with  the  secretary  of  the  board  of  directors  of 
such  district,  signed  by  ten  per  cent  of  the  electors  residing  within 
the  boundaries  of  any  such  irrigation  district,  requesting  that  a  special 
election  be  called  for  the  election  of  such  officers,  the  directors  of  such 
district  shall  thereupon  call  a  special  election  thereof  for  the  election 
of  such  officers,  such  election  to  be  held  within  not  less  than  fifteen,  nor 
more  than  thirty  days  after  the  filing  of  such  petition.  (Stats.  1917, 
p.  760.) 

Beginning  of  term;  organization  of  board. 

Sec.  20.  At  noon  of  the  first  Tuesday  in  March  next  following 
their  election,  except  as  provided  in  section  fourteen  of  this  act,  the 
officers  who  shall  have  been  elected  at  the  preceding  general  irrigation 
district  election  shall  enter  upon  the  duties  of  their  respective  offices. 
On  the  first  Tuesday  in  March  next  following  each  election,  the  directors 
shall  meet  and  organize  as  a  board,  elect  a  president  and  appoint  a 
secreta.rs^  who  shall  each  hold  office  during  the  pleasure  of  the  board. 
(Stats.  1917,  p.  761.) 

Notice  of  elections;  election  officers. 

Sec.  21.  Fifteen  days  before  any  election  held  under  this  act,  sub- 
sequent to  the  organization  of  any  district,  the  secretary  of  the  board 
of  directors  shall  cause  notices  to  be  posted  in  three  public  places  in 
each  election  precinct,  of  the  time  and  place  of  holding  the  election, 
and  shall  also  post  a  general  notice  of  the  same  in  the  office  of  said 
board,  wbich  shall  be  established  and  kept  at  some  fixed  place,  to  be 
determined  by  said  board,  specifying  the  polling  places  of  each  precinct. 
Prior  to  the  time  for  posting  the  notices,  the  board  must  appoint  for 
each  precinct,  from  the  electors  thereof,  one  inspector,  two  judges  and 
two  clerks,  or  at  their  option  one  inspector,  one  judge  and  one  clerk, 
who  shall  in  either  case  constitute  a  board  of  election  for  such  precinct. 
If  the  board  fail  to  appoint  a  board  of  election,  or  the  members  appointed 
do  not  attend  at  the  opening  of  the  polls  on  the  morning  of  election, 
the  electors  of  the  precinct  present  at  that  hour,  may  appoint  the  board. 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  27 

or  supply  the  place  of  an  absent  member  thereof.  The  board  of 
directors,  must,  in  its  order  appointing  the  board  of  election,  designate 
the  house  or  place  within  the  precinct  where  the  election  must  be  held 
(Stats.  1921,  p.  860.) 

Powers  and  duties  of  election  officers. 

Sec.  22.  The  inspector  is  chairman  of  the  election  board  and  may 
administer  all  oaths  required  in  the  process  of  an  election ;  and  appoint 
judges  and  clerks,  if.  during  the  progress  of  the  election,  ajiy  .judge  or 
clerk  cea.se  to  act.  Any  member  of  the  board  of  election  may  administer 
and  certify  oaths  recpiired  to  be  administered  during  the  progress  of  an 
election.  Before  opening  the  polls,  each  member  of  the  board  must  take 
and  subscribe  an  oath  to  faithfully  perform  the  duties  imposed  upon 
them  by  law.  Any  electors  of  the  precinct  may  administer  and  certify 
such  oath.  The  polls  must  be  opened  at  six  a.  m.  on  the  morning  of  the 
election,  and  be  kept  open  until  seven  p.  m..  when  the  same  must  be 
closed;  provided,  however,  the  board  of  directors  may  in  the  notice  of 
election  as  provided  in  section  twenty-one  of  this  act  provide  that  the 
polls  shall  be  open  from  eight  a.  m.  to  four  p.  m.,  at  which  times  the 
polls  shall  be  opened  and  closed  respectively.     (Stats.  1921,  p.  860.) 

Opening  and  closing  polls: 

Board  of  Directors   vs.   Ahila,    106   Cal.    365. 

Ballots;  manner  of  voting. 

Sec.  22a.  The  ballot  used  at  the  election  .shall  be  provided  by  the 
board  of  directors,  and  one  of  the  clerks  of  election  shall  deliver,  to 
each  of  the  electors,  one  of  the  ballots  so  provided.  The  ballots  shall 
have  printed  on  them  the  names  of  all  candidates  whose  names  have 
been  filed  as  provided  in  this  act,  with  a  voting  square  behind  each 
name.  The  names  shall  be  arranged  in  groups,  alphabetically,  under 
the  designation  of  the  office  for  which  each  person  named  is  a  candidate. 
Where  more  than  one  person  is  to  be  elected  for  an  office  of  the  same 

title,  the  words  "Vote  for  (inserting  the  proper  number)"  shall 

be  printed  under  the  title  of  the  office.  Each  elector  shall  stamp  a 
cross,  with  a  rubber  stamp  to  be  provided  by  the  board  of  directors,  in 
the  square  behind  the  name  of  each  candidate  he  wishes  to  vote  for. 
(Stats.  1909,  p.  1062.) 

Form  of  ballot : 

Political  Code,  section  1197.  subdivision  S  ; 
Edes  vs.  Haley  (Wash.),  162  Pac.  50. 

Nominating  petitions. 

Sec.  226.  Not  less  than  ten  days  before  the  election,  any  ten  or 
more  electors  in  the  district  may  file  with  the  board  of  directors  a 
petition,  requesting  that  certain  persons,  specified  in  such  petition  be 
placed  on  the  ballot  as  candidates  for  the  office  named  in  the  petition. 
The  names  proposed  by  the  various  petitions  so  filed,  and  no  others, 
shall  be  printed  on  the  ballots.  But  there  .shall  be  sufficient  blank 
spaces  left  in  which  electors  may  write  other  names  if  they  so  desire. 
The  petitions  shall  be  preserved  iu  the  office  of  the  secretarv  of  the 
district.     (Stats.  1909,  p.  1063.) 


28  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

Voting  and  counting  of  votes. 

Sec.  23.     Voting  may  commence  as  soon  as  the  polls  are  opened,  and 

may  be  continued  during  all  the  time  the  polls  remain  opened,  and 

shall_  be  conducted,   as  nearly  as  practicable,  in  accordance  with  the 

provisions  of  the  general  election  laws  of  this  state.     As  soon  as  all  the 

votes  are  counted,  a  certificate  shall  be  drawn  upon  each  of  the  papers 

containing  the  poll  lists  and  tallies,  or  attached  thereto,  stating  the 

number  of  votes  each  one  voted  for  has  received,  and  designating  the 

office  to  fill  which  he  was  voted  for,  which  number  shall  be  written  in 

figures  and  in  words  at  full  length.     Each  certificate  shall  be  signed 

by  the  clerk,  judge,  and  the  inspector.     One  of  said  certificates,  Avith  the 

poll  list  and  the  tally  paper  to  which  it  is  attached,  shall  be  retained 

by  the  inspector,  and  preserved  by  him  at  least  six  months.     The  ballots 

shall  be  strung  upon  a  cord  or  thread  by  the  inspector,   during  the 

counting  thereof,  in  tlie  order  in  which  they  are  entered  upon  the  tally 

list  by  the  clerks;  and  said  ballots  together  with  the  other  of  said 

certificates,  with  the  poll  list  and  tally  paper  to  which  it  is  attached, 

shall  be  sealed  by  the  inspector  in  the  presence  of  the  judges  and  clerks, 

and  indorsed  "Election  returns  of   (naming  the  precinct)    i:)recinct," 

and  be  directed  to  the  secretaiy  of  the  board  of  directors,  and  shall  be 

immediately  delivered  by  the  inspector,   or  by  some  other  safe  and 

responsible  carrier  designated  by  said  inspector,  to  said  secretary,  and 

the  ballots  shall  be  kept  unopened  for  at  least  six  months ;  and  if  any 

person  be  of  the  opinion  that  the  vote  of  any  precinct  has  not  been 

correctly  counted,  he  may  appear  on  the  day  appointed  for  the  board 

of  directors  to  open  and  canvass  the  returns,  and  demand  a  recount  of 

the  vote  of  the  precinct  that  is  so  claimed  to  have  been  incorrectly 

counted. 

Right  of  contest  of  election  of  officers  elected  at  irrigation  district  election : 

Hrrtle  vs.  Ball    (Idaho),   72   Pac.  953. 
(See,  also.  Sec.  72,  infra.) 

Canvass  of  votes. 

Sec.  24.  No  list,  tally  paper,  or  certificate  returned  from  any 
election,  shall  be  set  aside  or  rejected  for  want  of  form,  if  it  can  be 
satisfactorily  understood.  The  board  of  directors  must  meet  at  its 
usual  place  of  meeting  on  the  first  Monday  after  each  election  to  can- 
vass the  returns.  If,  at  the  time  of  meeting,  the  returns  from  each 
precinct  in  the  district  in  which  the  polls  were  opened  have  been 
received,  the  board  of  directors  must  then  and  there  proceed  to  canvass 
the  returns ;  but  if  all  the  returns  have  not  been  received,  the  canvass 
must  be  postponed  from  day  to  day  until  all  the  returns  have  been 
received,  or  until  six  postponements  have  been  had.  The  canvass  must 
be  made  in  public  and  by  opening  the  returns  and  estimating  the  vote 
of  the  district  for  each  person  voted  for,  and  declaring  the  result 
thereof. 

Canvassing  returns  and  declaring  result : 

Board  of  Directors  vs.  Abila.  106  Cal.   365  ; 
Pdes  vs.  Halev   (W^ash.),   162  Pac.  50. 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  29 

Statement  of  results;  vacancies,  how  filled. 

Sec.  25.  The  secretary  of  the  board  of  directors  must,  as  soon  as  the 
result  is  declared,  enter  in  the  record.s  of  such  board  a  statement  of 
such  result,  which  statement  must  show:  (a)  The  whole  number  of 
votes  cast  in  the  district,  and  in  each  division  of  the  district;  (&)  the 
names  of  the  per.sons  voted  for;  (c)  the  office  to  fill  which  each  person 
was  voted  for;  (d)  the  number  of  votes  given  in  each  precinct  to  each 
of  such  persons;  (e)  the  number  of  votes  given  in  each  division  for 
the  office  of  director,  and  the  number  of  votes  given  in  the  district  for 
the  offices  of  assessor,  collector,  and  treasurer.  The  board  of  directors 
must  declare  elected  the  persons  having  the  highest  number  of  votes 
given  for  each  office.  The  secretaiw  must  immediately  make  out  and 
deliver  to  such  person  a  certificate  of  election, .  signed  by  him,  and 
authenticated  with  the  seal  of  the  board. 

In  case  of  a  vacancy  in  the  office  of  assessor,  collector,  or  treasurer, 
the  vacancy  shall  be  filled  by  appointment  of  the  board  of  directors ; 
provided,  that  if  said  board  of  directors  shall  neglect  or  refuse  to  make 
such  appointment  within  a  period  of  forty  days,  then  the  board  of 
supervisors  of  the  county  wherein  the  office  of  said  board  of  directors 
is  situated  shall  make  such  appointment.  In  case  of  a  vacancy'  in  the 
office  of  director,  the  vacancy  shall  be  filled  by  appointment  by  the 
board  of  supervisors  of  the  county  where  the  office  of  such  board  of 
directors  is  situated,  from  the  division  in  which  the  vacancy  occurred. 
An  officer  appointed  as  above  provided  shall  hold  his  office  until  the  next 
regular  election  for  said  district,  and  until  his  successor  is  elected 
and  qualified. 

Quinton  vs.  Equitable  Investment  Co.,  196  Fed.  314. 

Qualification  of  director.  ' 

Sec.  26.  A  director  shall  be  a  resident  and  freeholder  of  the 
irrigation  district  and  a  resident  of  the  division  which  he  is  elected  to 
represent.     (Stats.  1917,  p.  761.) 

The   acts  of  an   officer,   though  not   qualified  for  want   of   residence  within   the 
district,  will  be  regarded  as  valid  acts  of  an  officer  de  facto. 

Baxter  vs.   Vineland  Irr.  Dist.,   136   Cal.    185,   193. 

Consolidation  of  offices. 

Sec.  27.  The  board  of  directors  may,  in  its  discretion,  consolidate 
any  two  or  more  of  the  offices  of  assessor,  collector,  and  treasurer.  The 
order  of  consolidation  must  be  made  at  least  thirty  days  prior  to  general 
election  of  the  district,  and  shall  take  effect  at  the  next  succeeding 
election ;  provided,  that  the  board  of  directors  may,  at  least  thirty  days 
before  a  general  election  of  the  district,  where  the  offices  have  been 
consolidated,  segregate  the  same,  each  office  to  be  filled  at  such  election. 

Number  of  directors. 

Sec.  28.  In  any  district  the  board  of  directors  thereof  must  upon  a 
presentation  of  the  petition  therefor,  by  a  majority  of  the  holders  of 
title,  or  evidence  of  title,  of  said  district,  evidenced  as  above  provided, 
order  that  on  and  after  the  next  ensuing  general  election  for  the  dis- 
trict, there  shall  be  either  three  or  five  directors.     (Stats.  1917,  p.  761.) 


30  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

Recall  of  officers. 

*Sec.  28^.  The  holder  of  any  elective  office  of  any  irrigation  district 
may  be  removed  or  recalled  at  any  time  by  the  electors;  provided,  he 
has  held  his  office  at  least  six  months.  The  provisions  of  this  section 
are  intended  to  apply  to  officials  now  in  office,  as  well  as  to  those  here- 
after elected.  The  procedure  to  effect  such  removal  or  recall  shall  Ijc 
as  follows:  A  petition  demanding  the  election  of  a  successor  to  the 
person  sought  to  be  removed  shall  be  filed  with  the  secretary  of  the 
board  of  directors  of  such  district,  which  petition  shall  be  signed  by 
registered  voters  ecjual  in  number  to  at  least  twenty-five  per  cent  of  the 
highest  vote  cast  within  such  district  for  candidates  for  the  office,  the 
incumbent  of  which  is  sought  to  be  removed,  at  the  last  general  election 
in  "such  district  at  which  an  incumbent  of  such  office  was  elected,  or,  in 
the  case  of  the  removal  of  the  incumbent  of  an  office  elected  by  a 
subdivision  of  such  district,  such  petition  shall  be  signed  l>y  a  like 
percentage  of  qualified  electors  of  such  subdivision  computed  upon  the 
total  number  of  votes  cast  in  such  subdivision  for  all  candidates  for  the 
office,  the  incumbent  of  which  is  sought  to  be  removed,  at  the  last 
general  election  in  such  subdivision  at  which  an  incumbent  of  such 
office  was  elected ;  and  said  petition  shall  contain  a  statement  of  the 
grounds  on  which  the  removal  or  recall  is  sought,  which  statement  is 
intended  solely  for  the  information  of  the  electors.  Any  insufficiency 
of  form  or  sulxstance  in  such  statement  shall  in  nowise  affect  the  validity 
of  the  election  and  proceedings  held  thereunder.  The  signatures  to  the 
petition  need  not  all  be  appended  to  one  paper.  Each  signer  shall  add 
to  his  signature  his  place  of  residence,  giving  the  precinct,  and  if  within 
a  to\m  having  named  streets  and  numbered  houses,  street  and  luimber. 
Each  such  separate  paper  shall  have  attached  thereto  an  affidavit  made 
by  an  elector  of  the  district  and  sworn  to  before  an  officer  competent  to 
administer  oaths,  stating  that  the  affiant  circulated  that  particular 
paper  and  .'-aw  written  the  signatures  appended  thereto ;  and  that 
according  to  the  best  information  and  belief  of  the  affiant,  each  is  the 
genuine  signature  of  the  person  whose  name  purports  to  be  thereunto 
subscribed  and  of  a  qualified  elector  of  the  district.  Within  ten  days 
from  the  date  of  filing  sucli  petition,  the  secretary  of  the  board  shall 
examine  and  from  the  records  of  registration  ascertain  whether  or  not 
said  petition  is  signed  by  the  requisite  number  of  qualified  electors,  and 
he  shall  attach  to  said  petition  his  certificate  showing  the  result  of  said 
examination.  If  by  the  said  certificate  the  petition  is  shown  to  be  insuf- 
ficient, it  may  be  supplemented  within  ten  days  from  the  date  of  such 
certificate,  by  the  filing  of  additional  papers,  duplicates  of  the  original 
petition  except  as  to  the  names  signed.  The  secretary  shall,  within  ten 
days  after  such  supplementing  papers  are  filed,  make  like  examination 
of  a  supplementing  petition,  and  if  a  certificate  shall  show  that  all  the 
names  to  such  petition,  including  the  supplemental  papers,  are  still 
insufficient,  no  action  shall  be  taken  thereon ;  but  the  petition  shall 
remain  on  file  as  a  public  record ;  and  the  failure  to  secure  sufficient 
names  shall  be  without  prejudice  to  the  filing  later  of  an  entirely  new 
petition  to  the  same  effect.  If  the  petition  shall  be  found  to  be 
sufficient,  the  secretary  shall  submit  the  same  to  the  board  of  directors 

*Removal  for  cause,  see  section  73,  infra. 


CALIFORNIA   IRRIGATION    DISTRICT   LAWS.  31 

without  delay,  whereupon  the  board  shall  forthwith  cause  a  special 
election  to  be  held  within  not  less  than  thirty-five  nor  more  than  forty 
days  after  the  date  of  the  order  calling'  such  election,  to  determine 
whether  the  voters  will  recall  such  officer;  provided,  that  if  a  general, 
election  is  to  occur  within  sixty  days,  from  the  date  of  the  order  calling 
for  such  election,  the  board  may  in  its  discretion  postpone  the  holding 
of  such  election  to  such  general  election  or  submit  such  recall  election 
at  any  such  general  election  for  officers  of  such  district  occurring  not 
less  than  thirty-five  days  after  such  order.  If  a  vacancy  occur  in  said 
office  after  a  recall  petition  is  filed,  the  election  shall  nevertheless  pro- 
ceed as  in  this  section  provided.  One  petition  is  sufficient  to  propose 
a  removal  and  election  of  one  or  more  elective  officials.  One  election 
is  competent  for  the  removal  and  election  of  one  or  more  elective 
officials.  Nominations  for  any  office  under  such  recall  election  shall  be 
made  in  the  manner  prescribed  by  section  twenty-two  b  of  this  act. 

There  shall  be  printed  on  the  recall  ballot,  as  to  every  officer  whose 
recall  is  to  be  voted  on  thereat,  the  following  question:  "Shall  (name 
of  person  against  whom  the  recall  petition  is  filed)  be  recalled  from  the 
office  of  (title  of  the  office)  ?"  following  which  ciue.stion  shall  be  the 
words  "Yes"  and  "No"  on  separate  lines,  with,  a  blank  space  at  the 
right  of  each,  in  which  the  voter  shall  indicate,  by  stamping  a  cross  ( X ) 
his  vote  for  or  against  such  recall.  On  such  ballots,  under  each  such 
question,  there  shall  also  be  printed  the  names  of  those  per.sons  who  have 
been  nominated  as  candidates  to  succeed  the  person  recalled,  in  case  he 
shall  be  removed  from  office  by  said  recall  election ;  but  no  vote  shall  he 
counted  for  any  candidate  for  said  office  unless  the  voter  also  voted  on 
said  question  of  the  recall  of  the  person  sought  to  be  recalled  from  said 
office.  The  name  of  the  person  against  whom  the  petition  is  filed  shall 
not  appear  on  the  ballot  as  a  candidate  for  the  office.  If  a  ma.jority  of 
those  voting  on  said  cpiestion  of  the  recall  of  any  incumbent  from  office 
shall  vote  "No,"  said  incumbent  shall  continue  in  said  office.  If  a 
ma.jority  shall  vote  "Yes,"  said  incumbent  shall  thereupon  be  deemed 
removed  from  such  office,  upon  the  qualification  of  his  successor.  The 
election  shall  be  conducted,  canvass  of  all  votes  for  candidates  for  said 
office  shall  be  made  and  the  result  declared  in  like  manner  as  in  a 
regular  election  within  such  district.  If  the  vote  at  any  such  recall 
election  shall  recall  the  officer,  then  the  candidate  who  has  received  the 
highest  number  of  votes  for  the  office  shall  be  thereby  declared  elected 
for  the  remainder  of  the  term.  In  case  the  person  who  received  the 
highest  number  of  votes  shall  fail  to  qualify  within  ten  days  after 
receiving  the  certificate  of  election,  the  office  shall  be  deemed  vacant  and 
shall  be  filled  according  to  law.  If  the  vote  at  any  such  recall  election 
shall  not  recall  the  officer,  no  further  petition  for  the  recall  of  such 
officer  shall  be  filed  before  the  expiration  of  six  months  from  the  date 
of  such  first  recall  election.     (Stats.  1911,  Extra  Session,  p.  135.) 

This  section  is  constitutional. 

Wigley  vs.  South  San  Joaquin  In:  Dist.,  31  Cal.  App.  162,  159  Pac.  985. 


32  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

TITLE  TO  PROPERTY. 

Title  to  property  vests  in  district. 

Sec.  29.  The  legal  title  to  all  property  acquired  under  the  provisions 
of  this  act  shall  immediately  and  by  operation  of  law  vest  in  such 
irrigation  district,  and  shall  be  held  by  such  district,  in  trust  for,  and 
is  hereby  dedicated  and  set  apart  to  the  iLses  and  purposes  set  forth  in 
this  act.  And  said  board  is  hereby  authorized  and  empowered  to  hold, 
use,  acquire,  manage,  occupy  and  po.ssess  said  property,  as  herein  pro- 
vided. The  board  of  directors  may  determine  by  resolution  duly  entered 
upon  their  minutes  that  any  property,  real  or  personal,  held  by  such 
irrigation  district  is  no  longer  necessary  to  be  retained  for  the  uses  and 
purposes  thereof,  and  may  thereafter  sell  such  property ;  and  a  convey- 
ance of  any  property  held  by  an  irrigation  district,  executed  by  the 
president  and  secretary  thereof,  in  accordance  with  a  resolution  of  the 
board  of  directors  of  such  district,  when  sold  for  a  valuable  considera- 
tion, shall  convev  good  title  to  the  propertv  so  conveved.  (Stats.  1909, 
p.  1075.) 

Hewitt  vs.  S.  J.  and  P.  V.  Irr.  Dist.,  124  Cal.  186; 
Merchants  Bank  vs.  Escondido  Seminari/,  144  Cal.  329  ; 
Jennison  vs.  Redfield,  149  Cal.  500  ; 
Tulare  Irr.  Dist.  vs.  ColUtis,  154  Cal.  440. 

ISSUANCE  OF  BONDS. 

Estimate  of  money  needed  for  improvements. 

Sec.  30.  For  the  purpose  of  constructing  or  purchasing  necessary 
irrigation  canals  and  works,  and  acquiring  the  necessary  property  and 
rights  therefor,  and  for  the  puipose  of  acquiring  waters,  water  rights, 
reservoirs,  reservoir  sites,  and  other  property  necessary  for  the  purposes 
of  said  district,  and  otherwise  can\ving  out  the  provisions  of  this  act, 
or  any  other  act  under  which  said  district  is  or  may  be  authorized  to 
acquire  property  or  construct  works,  the  board  of  directors  of  any  such 
district  must,  as  soon  after  such  district  has  been  organized  as  may  be 
practicable,  and  also  whenever  thereafter  the  board  of  directors  shall 
find  that  the  construction  fund  raised  by  the  last  previous  bond  issue  is 
insufficient,  or  that  the  construction  fund  has  been  exhausted  by 
expenditures  herein  authorized  therefrom  and  it  is  necessary  to  raise 
additional  money  for  said  purposes,  estimate  and  determine  the  amount 
of  money  necessary  to  be  raised.  For  the  purpose  of  ascertaining  the 
amount  of  money  neeessar}'  to  be  raised  for  such  purposes,  or  any  of 
them,  said  board  shall  cause  such  surveys,  examinations,  drawings  and 
plans  to  be  made  as  shall  furnish  the  proper  basis  for  said  estimate. 
Said  surveys,  examinations,  drawings  and  plans,  and  the  estimate  based 
thereon  may  provide  that  the  works  necessary  for  a  completed  project 
shall  be  constructed  progressively  during  a  period  of  years.  In  the 
estimate  of  the  amount  of  money  necessary  to  be  raised  by  the  first  issue 
of  bonds  in  any  district,  the  board  of  directors  may  include  a  sum 
sufficient  to  pay  the  interest  on  all  of  such  bonds  for  three  years  or  less. 
All  such  surveys,  examinations,  drawings  and  plans  shall  be  made  under 


CALIFORNIA    IRRIGATION    DISTRICT    LAWS.  33 

the  direction  of  a  competent  irrigation  engineer  and  shall  be  certified 
by  him.      (Stats.  1919,  p.  662.) 

Purposes  for  which  bonds  may  be  issued : 

Hnglison  vs.   Crane,   115   Cal.   404  ; 

Stimson  vs.  Alessandro  Dist.,  135  Cal.   389  ; 

Leeman  vs.  Perris  Irr.  Dist.,  140  Cal.  540  ; 

Hooker  vs.   East   Riverside   Dist.,   38    Cal.   App.    615  ; 

Stoivell  vs.  RiciHo  Irr.  Dist..  155   Cal.   215. 

(See  Sec.  Qlb,  infra.) 

Plans  and  estimate  :  • 

Board  of  Directors  vs.  Tregea,  88  Cal.  334  ; 
CuUen  vs.  Glendora  Water  Co..  113  Cal.  503  ; 
Hiighson   vs.    Crane,   115    Cal.   404  ; 
Hanson  vs.  Kittitas  Dist.    (Wash.),   134  Pac.   1083; 
Board  of  Directors  vs.  Scott   (Wash.).  140  Pac.   391. 

Report  submitted  to  irrigation  district  bond  commission. 

Sec.  30rt.  The  board  of  directors  shall  then  submit  a  copy  of  the 
.said  estimate  and  the  said  engineer  s  report  to  the  commission  authorized 
by  law  to  approve  bonds  of  irrigation  districts  for  certification  as  legal 
investments  for  savings  banks  and  for  the  other  purposes  specified  in  the 
act  creating  said  commission.^  Said  commission  shall  forthwith  examine 
said  report  and  any  data  in  its  possession  or  in  the  possession  of  said 
district  and  shall  make  such  additional  surveys  and  examinations  at  the 
expense  of  the  district  as  it  may  deem  proper  or  practicable,  and  as  soon 
as  practicable  thereafter  shall  make  to  the  board  of  directors  of  said 
district  a  report  which  shall  contain  such  matters  as.  in  the  judgment 
of  the  said  commission  may  be  desirable;  provided,  that  it  may  state 
generally  the  conclusions  of  said  commission  regarding  the  supply  of 
water  available  for  the  projecf,  the  nature  of  the  soil  proposed  to  be 
irrigated  as  to  its  fertility  and  susceptibility  to  irrigation,  tlie  probable 
amount  of  water  needed  for  its  irrigation  and  the  probable  need  of 
drainage,  the  cost  of  works,  water  rights  and  other  property  necessary 
for  a  complete  and  satisfactory  project,  the  proper  dates  of  maturity 
for  J:he  bonds  proposed  to  be  issued  and  whether  in  its  opinion  it  is 
advisable  to  proceed  with  the  proposed  bond  issue.  If  the  estimate  of 
the  amount  of  said  bond  is.sue  shall  have  included  any  amount  for  the 
payment  of  interest  on  the  bonds  of  such  issue,  as  provided  in  section 
thirty  of  this  act.  and  such  estimate  for  the  payment  of  interest,  or  any 
part  thereof,  is  approved  by  the  commission  in  said  report,  it  shall  be 
lawful  for  the  board  of  directors,  if  the  issuance  of  such  bonds  is  there- 
after authorized  by  vote  of  the  electors  of  the  district,  to  use  for  the 
payment  of  interest  on  any  bonds  of  such  issue  so  much  of  the  proceeds 
of  the  sale  of  said  bonds  as  may  have  been  approved  for  that  purpose 
in  said  report  of  the  commission.     (Stats.  1919,  p.  662.) 

Order  determining  amount  of  bonds. 

Sec  306.  If  after  such  examination  and  investigation  the  said 
commission  shall  deem  it  advisable  that  the  said  plans  be  modified  or 
that  the  amount  of  the  bonds  proposed  to  be  issued  be  changed,  or 
that  certain  conditions  should  be  prescribed  to  insure  the  success  of 
the  project,  or  that  in  its  opinion  it  is  not  advisable  to  proceed  with 
the  proposed  bond  issue,  it  shall  so  state  in  its  report  to  the  board  of 
directors.     After  receiving  said  report,  or  if  no  report  is  received  within 

'See  p.   75  hereof. 
3 — 16169 


34  CALIFORisriA    IRRIGATION    DISTRICT   LAW&. 

ninety  days  after  the  submission  of  said  estimate  and  engineer 's  report 
to  said  commission,  said  lioard  of  directors,  if  it  shall  determine  and 
shall  declare  l)y  resolution  that  the  proposed  ])lan  of  works  or  some 
modified  plan  recommended  by  said  commission  is  satisfactory  and  that 
the  said  project  or  said  modified  plan  is  feasible,  shall  make  an  order 
determining  the  amount  of  bonds  that  should  be  issued  in  order  to 
raise  the  money  necessary  therefor,  and  in  determining  said  amount 
sufficient  shall  be  inckided  to  cover  the  estimated  cost  of  inspection  of 
works  in  course  of  construction,  as  provided  for  by  law;  provided, 
that  if  any  district  shall  issue  bonds  to  carry  out  any  plans  approved 
by  said  commission  as  herein  provided  it  shall  be  unlawful  for  said 
district  to  make  any  material  change  in  said  plans  thereafter  without 
the  consent  of  said  commission.      (Stats.  1921,  p.  1108.) 

Special  election. 

Sec.  '30c.  After  the  making  of  the  order  specified  in  section  thirty  h 
of  this  act  said  board  of  directors  may  call  a  special  election,  at  which 
shall  be  submitted  to  the  electors  of  such  district  possessing  the  quali- 
fications prescribed  by  this  act,  the  question  whether  or  not  the  bonds 
of  said  district  in  the  amount  determined  in  said  order  of  said  board 
shall  be  issued,  and  said  board  must  call  such  an  election  and  submit  said 
question  upon  receipt  of  a  petition  signed  by  a  majority  of  the  holders 
of  title  or  evidence  of  title  to  lands  within  the  district,  representing, 
also,  a  majority  in  value  of  said  lands,  or  by  at  least  five  hundred 
petitioners,  each  petitioner  to  the  number  of  at  least  five  hundred  to  be 
an  elector  residing  within  the  district  6r  a  holder  of  title  or  evidence  of 
title  to  lands  therein,  provided  that  said  petitioners  shall  include  the 
holders  of  title  or  evidence  of  title  to  not  less  than  twenty  per  cent  in 
value  of  said  lands.  In  determining  the  value  of  any  lands  within  an 
irrigation  district  and  the  holders  of  title  or  evidence  of  title  to  such 
lands  for  the  purpose  of  detennining  the  sufficiency  of  any  petition 
required  by  this  act  after  the  organization  of  the  district,  the  assessment 
roll  of  the  district  last  equalized  at  the  time  of  the  presentation  of  such 
petition  shall  be  conclusive  evidence,  but  if  no  assessment  roll  of  the 
district  has  theretofore  been  ecpialized,  then  the  county  assessment  roll 
of  the  county  within  which  any  lands  within  the  district  is  situated, 
which  county  assessment  roll  has  been  last  equalized  at  the  time  of  the 
presentation  of  such  petition,  shall  be  conclusive  evidence  of  such  facts 
for  such  land.     (Stats.  1919,  p.  664.) 

Who  may  sign  petition : 

Matter  of  Bonds  of  South  San  Joaquin  Irr.  District,  161  Cal.  345. 

Election  : 

Board  of  Directors  vs.  Abila,  106  Cal.  365. 

Notice  of  election. 

Sec.  SOd.  Notice  of  such  election  must  be  given  by  posting  notices 
in  three  public  places  in  each  election  precinct  in  said  district  for  at 
least  twenty  days  and  also  by  publication  of  such  notice  in  some  news- 
paper published  in  the  county  where  the  office  of  the  board  of  directors 
of  such  district  is  required  to  be  kept,  once  a  week  for  at  least  three 
successive  weeks.     Such  notices  must  specify  the  time  of  holding  tliQ 


?  » 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  35 

election,  the  amount  of  bonds  proposed  to  be  issued;  and  said  election 
must  be  held  and  the  result  tliereof  determined  and  declared  in  all 
respects  as  nearly  as  practicable  in  conformity  with  the  provisions  of 
this  act  governing  the  election  of  officers ;  provided,  that  no  informalities 
in  conducting  such  an  election  shall  invalidate  the  same  if  the  election 
shall  have  been  otherwise  fairly  conducted.      (Stats.  1917.  p.  7G2.) 

Questions  on  ballot;  two-thirds  vote. 

Sec.  30('.  At  said  election  questions  as  to  the  issuance  of  bonds  may 
be  submitted  separately  on  the  same  ballot  if  estimates  of  the  cost  of 
the  respective  projects  have  been  made  and  the  irrigation  district  bond 
connnission  has  reported  thereon  and  the  respective  propositions  have 
been  stated  in  the  notices  of  the  election.  At  such  election  the  ballots 
shall  contain  a  general  statement  of  the  proposition  or  propositions  to 
be  voted  on.  including  the  amount  of  bonds  proposed  to  be  issued  for 
each  purpose,  but  no  informality  in  such  statement  shall  vitiate  the  elec- 
tion. Each  proposition  shall  be  followed  by  the  words  "Yes"  and 
"No,"  on  separate  lines,  with  a  small  inclosed  space  after  each  of  said 
words.  The  electoi"s  shall  vote  for  or  against  any  proposition  by  stamp 
ing  a  cross  (X)  in  the  voting  space  after  the  word  "Yes"  or  "Xo 
respectively.  On  the  ballot  shall  be  printed  the  following  under  the 
heading  "Instructions  to  voters":  "To  vote  for  a  proposition,  stamp 
a  cross  (X)  in  the  voting  space  after  the  word  'Yes'  following  the 
proposition.  To  vote  against  a  proposition,  stamp  a  cross  (X)  in  the 
voting  space  after  the  word  'No'  following  the  proposition."  If  two- 
thirds  of  the  votes  cast  for  and  against  any  proposition  are  for  "Yes." 
the  board  of  directors  shall  cause  bonds  in  the  amount  specified  in 
such  i)roposition  to  be  issued;  providid,  that  if  said  elei'tion  shall  have 
})een  called  after  the  presentation  of  a  petition  therefor  as  provided  in 
section  thirty  c  of  this  act,  the  board  of  directors  shall  cause  bonds  in 
the  amount  specified  in  any  proposition  to  be  issued  if  a  majority  of  the 
votes  cast  for  and  against  said  proposition  are  for  "Yes."  If  the  num- 
ber of  votes  for  any  proposition  is  less  than  the  number  required  herein 
to  authorize  the  issuance  of  the  bonds  provided  for  therein,  the  result  of 
the  vote  on  said  proposition  shall  he  entered  of  record,  but  said  propo- 
sition may  be  again  submitted  to  the  electors  of  the  district  at  a  special 
election  upon  the  presentation  to  the  board  of  directors  of  a  petition 
therefor  signed  as  provided  in  section  thirty  c  of  this  act.  (Stats.  1919, 
p.  664.) 

Sec.   18  of  Art.  XI  of  state  Constitution   iiuipplicable : 
■  In  re  Madera  Dist.,  92  Cal.  296. 

Life  of  bonds;  interest;  denominations. 

Sec.  31.  Subject  to  the  provisions  of  this  act,  the  board  of  directors 
shall  prescribe  the  form  of  the  bonds  issued  by  the  district  and  of  the 
interest  coupons  to  be  attached  thereto.  An  issue  of  bonds  is  hereby 
defined  to  be  all  the  bonds  issued  in  accordance  \\'ith  a  proposal 
approved  by  the  electors  of  the  district.  Each  issue  of  the  bonds  of  a 
district  shall  be  numbered  consecutively  as  authorized,  and  the  bonds 
of  each  issue  shall  be  numbered  consecutively.  The  board  of  directors 
shall  fix  the  date  of  said  bonds,  or  may  divide  am^  issue  into  two  or 


36  CALIFORNIA    IRRIGATION   DISTRICT    LAWS. 

more  divisions  and  fix  different  dates  for  the  bonds  of  each  respective 
division.  The  date  of  any  hond  mnst  be  snbse(|nent  to  the  election  at 
wliieh  its  issnance  was  authorized  and  prior  to  its  delivery  to  a  pur- 
chaser from  the  district.  The  date  of  issue  of  any  bond  authorized 
under  tliis  act  or  heretofore  or  hereafter  issued  in  pursuance  of  this  act 
shall  be  deemed  to  be  the  apparent  date  of  the  said  bond  appearing  on 
the  face  thereof.  Each  bond  shall  be  signed  by  the  president  and  secre- 
tary of  the  board  of  directors  of  the  district,  who  may  be  in  office  at 
the  date  of  said  bond  or  at  any  time  thereafter  prior  to  the  delivery  of 
f-aid  bond  to  the  purchaser  thereof  from  the  district,  and  the  seal  of  the 
district  shall  be  impressed  on  each  bond.  The  interest  coupons  shall 
also  bear  the  signature  of  the  secretary  of  the  board  of  directors  or  a 
facsimile  of  such  signature.  The  board  of  directors  shall  fix  the  denomi- 
nations of  said  bonds,  which  shall  not  be  less  than  one  hundred  dollars 
nor  more  than  one  thousand  dollars.  Said  bonds  shall  bear  interest  at 
a  rate  to  be  fixed  by  the  board  of  directors,  but  the  rate  shall  not 
exceed  six  per  centum  per  annum.  The  interest  shall  be  payable  on 
the  first  day  of  January  and  the  first  day  of  July  of  each  year.  The 
board  of  directors  shall  also  designate  the  place  or  places  at  which 
said  bonds  or  any  of  them  and  the  interest  thereon  shall  be  payable.^ 
Each  issue  or  each  division  of  any  iasue  of  said  bonds  shall  be  payable 
in  gold  coin  of  the  I'nited  States  in  twenty  series  as  follows,  to  wit : 
at  the  expiration  of  twenty-one  years  from  the  date  of  any  issue  or  any 
division  of  any  issue  of  said  bonds,  two  per  centum  of  the  whole  amount 
of  such  issue  or  division ;  at  the  expiration  of  twenty -two  yeare  from 
said  date,  two  per  centum  of  the  whole  amount  of  such  issue  or  division ; 
at  the  expiration  of  twenty-three  j'ears  from  said  date,  three  per  centum 
of  the  whole  amount  of  such  issue  or  division;  at  the  expiration  of 
twenty-four  years  from  said  date,  three  per  centum  of  the  whole 
amount  of  such  issue  or  division ;  at  the  expiration  of  twenty-five  years 
from  said  date,  four  per  centum  of  the  whole  amount  of  such  issue  or 
division ;  at  the  expiration  of  twenty-six  years  from  said  date,  four  per 
centum  of  the  whole  amount  of  such  issue  or  division ;  at  the  expiration 
of  twenty-seven  years  from  said  date,  four  per  centum  of  the  whole 
amount  of  such  issue  or  division ;  at  the  expiration  of  twenty-eight 
years  from  said  date,  four  per  centum  of  the  whole  amount  of  such 
issue  or  division ;  at  the  expiration  of  twenty-nine  years  from  said  date, 
five  per  centum  of  the  whole  amount  of  such  issue  or  division ;  at  the 
expiration  of  thirty  years  from  said  date,  five  per  centum  of  the  whole 
amount  of  such  issue  or  division ;  at  the  expiration  of  thirty-one  years 
from  said  date,  five  per  centum  of  the  whole  amount  of  such  issue  or 
division ;  at  the  expiration  of  thirty-two  years  from  said  date,  five  per 
centum  of  the  whole  amount  of  such  issue  or  division :  at  the  expiration 
of  thirty-three  years  from  said  date,  six  per  centum  of  the  whole  amount 
of  such  issue  or  division ;  at  the  expiration  of  thirty-four  years  from 
said  date,  six  per  centum  of  the  whole  amount  of  such  issue  or  division : 
at  the  expiration  of  thirty-five  years  from  said  date,  six  per  centum  of 
the  whole  amount  of  such  issue  or  division ;  at  the  expiration  of  thirty- 
six  years  from  said  date,  six  per  centum  of  the  whole  amount  of  such 
issue  or  division :  at  the  expiration  of  thirty-seven  years  from  said  date, 

>Art.  XI,  Sec.  13  J,  of  the  Constitution,  autliorizes  tlie  payment  of  bonds  and  interest 
in  any  place  within  or  outside  of  the  United  States.     See  page  10  hereof. 


CALIFORNIA    IRRIGATION    DISTRICT    LAWS.  37 

seven  per  centum  of  the  whole  amount  of  such  issue  or  division ;  at  the 
expiration  of  thirty-eight  years  from  said  date,  seven  per  centum  of  the 
whole  amount  of  such  issue  or  division ;  at  the  expiration  of  thirty-nine 
years  from  said  date,  eight  per  centum  of  the  whole  amount  of  such 
issue  or  division ;  at  the  expiration  of  forty  years  from  said  date,  eight 
per  centum  of  the  whole  amount  of  such  issue  or  division;  provided, 
that  if  any  bonds  are  not  dated  on  the  first  day  of  January  or  the  first 
day  of  July,  they  shall  nevertheless  be  made  payable  on  the  first  day  of 
January  or  the  first  day  of  July  next  preceding  the  date  on  which  they 
would  become  payable  according  to  the  foregoing  schedule.  Bonds  of 
any  issue  may  be  made  payable  at  the  ends  of  other  periods  than  are 
specified  herein  and  the  number  of  series  may  be  more  or  less  than 
twenty  if  the  number  of  series  and  the  length  of  the  respective  periods 
at  the  ends  of  which  the  respective  amounts  of  bonds  shall  be  made 
payable  have  been  specified  in  the  notice  of  the  election  at  which  the 
issuance  of  such  bonds  was  authorized,  or  on  the  recommendation  of  the 
irrigation  district  bond  commission,  but  in  any  event  the  bonds  shall  all 
be  made  payable  on  the  first  day  of  January  or  the  first  day  of  July 
next  preceding  the  ends  of  the  respective  periods  specified,  unless  said 
bonds  are  dated  on  the  first  day  of  January  or  the  first  day  of  July, 
and  in  no  case  shall  the  maturity  of  any  bond  be  more  than  forty  years 
from  the  date  thereof,  nor  shall  more  than  eight  per  centum  of  the 
total  amount  of  any  issue  or  division  be  made  payable  in  any  one  year 
if  the  number  of  series  is  made  more  than  twenty.  Each  bond  shall 
he  made  payable  at  a  given  time  for  its  full  face  value  and  not  for  a 
percentage  thereof.     (Stats.  1919,  p.  665.) 

Date  of  maturity  of  bonds  and  time  of  payment  of  interest : 

Central  In:  Dist.  vs.  DeLappe.  79  Cal.  351  ; 

StoweU  vs.  Rialto  In:  Dist.,  155  Cal.  215  ; 

Board  of  Directors  vs.  Peterson  (.Ore.),  128  Pac.  837. 

Date  of  issue,  signature  of  secretary,  etc.  : 

Wright  vs.  East  Riverside  District.  138  Fed.  313  ; 
Hooker  vs.  East  Riverside  District,  38  Cal.  App.   615. 

Negotiability  of  bonds  : 

Farioell  vs.  S.  J.  and  P.  V.  Irr.  Dist.   (Cal.  App.),  192  Pac.  1034. 

Redemption  of  bonds  : 

See  section   52,   page    50   hereof. 

Taxpayer's  suit: 

Sechrist  vs.  Rialto  Irr.  Dist..  129  Cal.  64  0; 
Henry  vs.  Vineland  Irr.  Dist.,  140  Cal.  376. 
See  also  section   69. 

Validity  of  bonds  in  hands  of  bona  fide  holders : 

Stivison   vs.  Alessandro  Dist.,   135   Cal.    389  ; 
Baxter  vs.  Vineland  Dist.,  136  Cal.  185  ; 
Haese  vs.  Heitseg.  159  Cal.  569  ; 
Ham  vs.  Grapcland  Dist..  172  Cal    611  ; 
Tulare  DiM.  vs.  Shepard,  1S5  U.  S.  1. 

Sale  of  bonds. 

Sec.  32.  The  board  may  sell  said  bonds  from  time  to  time  in  such 
quantities  as  may  be  necessary  and  most  advantageous  to  raise  money 
for  the  construction  of  said  canals  and  works,  the  acquisition  of  said 
property  and  rights,  or  the  acquisition  of  any  water  or  water  rights, 
and  otherwise  to  fully  cany  out  the  ob.jects  and  purposes  of  this  act. 
Before  making  any  sale  the  board  shall,  at  a  meeting,  by  resolution, 


38  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

declare  its  iutention  to  sell  a  specified  amount  of  the  bonds,  and  the  day 
and  honr  and  place  of  such  sale,  and  shall  cause  such  resolution  to  bq 
entered  in  the  minutes,  and  notice  of  the  sale  to  be  given,  by  publica- 
tion thereof  at  least  three  weeks  in  some  newspaper  published  in  the 
county  where  the  office  of  the  board  of  directors  is  located  and  in  any 
other  newspaper  at  its  discretion.  The  notice  shall  state  that  sealed 
proposals  will  be  received  by  the  board  at  their  office,  for  the  purchase 
of  bonds,  till  the  day  and  hour  named  in  the  resolution.  At  the  time 
appointed  the  board  shall  open  the  proposals  and  award  the  purchase 
of  the  bonds  or  any  portion  or  portions  thereof  to  the  highest  responsible 
bidder  or  bidders;  provided,  however,  that  they  may  reject  any  or  all 
bids;  and  provided,  further,  that  no  proposal  shall  be  accepted  which 
is  not  accompanied  by  a  certified  check  for  such  reasonable  percentage 
of  the  amount  of  the  bid  as  shall  be  determined  by  the  board  of 
directors,  but  in  no  event  less  than  two  per  cent  of  the  amount  thereof 
to  apply  on  the  purchase  price  of  the  bonds,  the  amount  of  which  checl^ 
shall  be  forfeited  if  after  the  acceptance  of  the  proposal  the  bidder 
shall  refuse  to  accept  said  bonds  and  complete  his  purcliase  tliereof  on 
the  conditions  stated  in  his  proposal.  In  case  no  award  is  made,  the 
board  thereafter  may  either  readvertise  said  bonds  or  any  part  thereof 
for  sale  or  sell  the  same  or  any  part  thereof  at  private  sale  but  no  sale 
of  said  bonds  at  private  sale  shall  be  valid  unless  approved  by  the 
California  bond  certification  commission.     (Stats.  1921,  p.  1108.) 

Leemnn  vs.  Ferris  Dist.,  140  C;il.   540  : 
Stimson  vs.  Allesanclro  irr.  Dist.,  135  Cal.  389  ; 
Kinkade  vs.  Witheroi)   (Wash.),  69  Pac.  399; 
Wyman  vs.  SearJe   (Nebr.),  128  N.  W.   801. 

Sec.  32ff.     (Repealed  by  Stats.  1919,  p.  667.) 

Election  on  sale  of  bonds  for  less  than  par. 

Sec.  32|.  If  any  irrigation  district  bonds  have  been  authorized 
before  the"  time  when  this  section  shall  go  into  effect  but  have  not 
been  sold  and  the  board  of  directors  of  said  district  deems  it  desirable 
that  said  board  be  authorized  to  sell  said  l>oiids  for  less  than  the  par 
value  thereof,  said  board  may  call  a  special  election  to  submit  to  the 
voters  of  the  district  said  proposition.  Such  election  shall  l)e  held  and 
notice  thereof  shall  be  given  in  the  same  manner  as  is  provided  in  the 
case  of  special  elections  to  authorize  the  issuance  of  bonds  in  irrigation 
districts.  The  proposition  shall  be  stated  in  substantially  the  follow- 
ing form:  "Shall  the  board  of  directors  of (insert  the  name) 

irrigation  district  be  authorized  to  sell  bonds  of  the  district  for  less 
than  the  par  value  thereof?"  followed  by  the  words  "Yes"  and  "No," 
as  provided  in  section  thirty  hereof.  If  at  least  two-thirds  of  the  legal 
votes  cast  at  such  election  are  for  "Yes,"  then  the  board  of  directors 
may  sell  any  bonds  authorized  by  said  district  before  this  section  shall 
take  effect  to  the  highest  responsible  bidder.     (Stats.  1913,  p.  1000.) 

Paid  by  annual  assessment. 

Sec.  33.  Said  bonds  and  the  interest  thereon  shall  be  paid_  from 
revenue  derived  from  an  «nnual  assessment  upon  the  land  within  the 
district ;  and  all  the  land  within  the  district  shall  be  and  remain  liable 


CALIFORNIA    IRRIGATION    DISTRICT    LAWS.  39 

to  be  assessed  for  such  payments  as  hereinafter  provided.     (Stats.  1917, 
p.  764.) 

Procedure  for  enforcement  of  lien  : 

Nevada  Xational  Bank  vs.  Poso  Irr.  Dist.,  140  Cal.  344  ; 

Boskowitz  vs.    Thompson.   144   Cal.    724  ; 

Herring  vs.  Modesto  District,  95  Fed.   705  ; 

Perki7is  vs.  People  (Colo.),  147  Pac.  356; 

Henrylyn  Irr,  Dist.  vs.  Thomas  (Colo.),  173  Pac.  541  ; 

HenryUni  Irr.  Dist.  vs.  Thomas  (Colo.),  181  Pac.  979,  980  ; 

Rialto  in:  Dist.  vs.  Stowell,  246  Fed.  294  ; 

Norris  vs.  Montezuma  Irr.  Dist.,  248  Fed.  369  : 

Gas  Securities  Co.  vs.  Antero  and  Lost  Park  Reservoir  Co.,  259  Fed.  423. 

Suit  by  bondholders  to  enforce  payment : 

Qidnton  vs.  Equitable  Investment  Co.,  196  Fed.  314. 

ASSESSMENT  FOR  COMPLETION  OF  WORKS. 
Assessment  to  complete  works;  notice  of  election;  ballots. 

Sec  34.  In  case  the  money  raised  by  the  sale  of  bonds  issued  be 
insufficient,  or  in  case  the  bonds  be  unavailable  for  the  completion  of 
the  plan  of  canal  and  works  adopted,  and  the  acquisition  of  the  neees- 
saiy  property,  waters  and  water  rights  therefor,  and  additional  bonds 
be  not  voted,  it  shall  be  the  duty  of  the  board  of  directors  to  provide 
for  the  completion  of  said  plan,  and  the  acciuisition  of  such  necessary 
property,  waters  and  water  rights,  by  levy  of  assessments  therefor; 
provided,  however,  that  such  levy  of  assessments  shall  not  be  made 
except  first  an  estimate  of  the  amount  required  for  such  purposes  has 
been  made  by  said  board,  and  the  question  as  to  the  making  of  said 
levy  submitted  to  a  vote  of  the  electors  of  the  district.  Before  such 
question  is  submitted  the  order  of  submission  shall  be  entered  in  the 
minutes  of  the  board,  stating  the  amount  to  be  le^^ed  and  the  purpose 
therefor,  and  if  submitted  at  a  special  election  said  order  shall,  in 
addition,  fix  the  day  of  election.  Notice  of  such  election  must  be  given 
by  posting  notices  in  three  public  places  in  each  election  precinct  in 
said  district  for  at  least  tv.enty  days,  and  also  by  publication  of  such 
notice  in  some  newspaper  published  in  the  county  where  the  office  of  the 
l)oard  of  directors  of  such  district  is  recpiired  to  be  kept  once  a  week 
for  at  least  three  successive  weeks.  Such  notices  must  specify  the 
time  of  holding  the  election,  and  the  amount  of  assessment  proposed  to 
be  levied.  Said  election  must  be  held  and  the  result  thereof  determined 
and  declared  in  all  respects  as  nearly  as  practicable  in  conformity  with 
tlie  provisions  of  this  act  governing  the  election  of  officers;  provided, 
that  no  informalities  in  conducting  such  an  election  shall  invalidate 
the  same,  if  the  election  shall  have  been  otherwise  fairly  conducted. 
At  such  election  the  ballots  shall  contain  the  words  "Assessment — Yes", 
or  "Assei;sment — No",  or  words  equivalent  thereto.  If  a  majority  of 
the  votes  cast  are  "Assessment — Yes",  the  board  of  directors  shall 
cause  an  assessment  in  the  amount  named  in  the  order  of  submission 
to  be  le^^ed;  if  a  majority  of  the  votes  cast  are  "Assessment — Xo",  the 
result  of  such  election  shall  be  so  declared  and  entered  of  record. 
(Stats.  1911,  p.  514.) 

Cooper  vs.  Miller,  113  Cal.  238; 

Matter  of  Bonds  of  South  San  Joaquin  Dist.,  161   Cal.   345  ; 

Imperial  Land  Co.  vs.  Imperial  Dist.,  173  Cal.  668  ; 

Corson  vs.  Crocker,  31  Cal.  App.  626. 

Buschman  vs.  Turlock  Irr.  Dist.  (Cal.  App.),  190  Pac.  491. 


40  CALIFORNIA   IRRIGATION    DISTRICT   LAWS. 

.      DUTIES  OF  THE  ASSESSOR. 
Duty  of  assessor;  improvements  exempt. 

Sec.  35.  The  assessor  must,  between  the  first  ^Monday  in  ]\Iareh  and 
the  first  Monday  in  June,  in  each  year,  assess  all  real  estate  in  the  dis- 
trict, to  the  persons  who  own,  claim  or  have  possession  or  control 
thereof,  at  its  full  cash  value,  as  follows:  He  must  prepare  an  assess- 
ment hook^  with  appropriate  headino-s,  in  which  must  be  listed  all  such 
property  within  the  district,  in  which  must  be  specified,  in  .separate 
columns,  under  the  appropriate  head:  (1)  the  name  of  the  person  to 
whom  the  property  is  assessed,  if  the  name  is  not  known  to  the  assessor, 
the  property  shall  be  assessed  to  "unknown  owners";  (2)  land  by 
township,  range,  section  or  fractional  section,  and  when  such  land  is 
not  congressional  division  or  subdivision,  by  metes  and  bounds,  or  other 
description  sutfieient  to  identify  it.  giving  an  estimate  of  the  number 
of  acres  and  locality;  (3)  city  and  town  lots,  naming  the  city  or  town 
and  the  number  and  block,  according  to  the  system  of  numbering  in 
such  city  or  town;  (-4)  the  cash  value  of  real  estate,  other  than  cit}'  or 
toAvn  lots;  (5)  the  cash  value  of  city  and  town  lots;  (6)  the  total  value 
of  all  property  assessed;  (7)  the  total  value  of  all  property  after 
ecpialization  by  the  board  of  directors;  (8)  such  other  things  as  the 
board  of  directors  may  require.  Improvements  on  any  lands  or  town 
lots  within  such  districts  shall  be  exempt  from  taxation  for  any  of  the 
purposes  mentioned  in  this  act.  Any  property  which  may  have  escaped 
the  payment  of  any  assessment  for  any  year,  shall,  in  addition  to  the 
assessment  for  the  then  current  year,  be  assessed  for  such  year  with  the 
same  effect  and  with  the  same  penalties  as  are  providetl  for  in  such 
current  year.  The  term  improvements  as  used  in  this  section  includes 
trees,  vines,  alfalfa  and  all  growing  crops  and  all  buildings  and  struc- 
tures of  whatever  class  or  description  erected  or  being  erected  upon, 
said  lands  or  city  or  town  lots.      (Stats.  1917,  p.  764.) 

Cooper  vs.  Miller.  113  Cal.  238; 

Escondido  H.  S.  Dist.  vs.  Escondido  Seminarij.  130  Cal.  128; 

Best  vs.  Wohlford,  1!4  Cal.  733  ; 

W.   U.   Tel.  Co.  vs.  Modesto  In:  Dist.,  149  Cal.   6G-  ; 

Best  vs.  Wohlford.  153  Cal.  17  : 

Imperial  Land  Co.  vs.  Imperial  Irr.  Dist.,  173  Cal.  CfJS  ; 

Corson  vs.  Crocker,  31  Cal.  App.  626  ; 

Brusclii  vs.  Cooper,  30  Cal.  App.  682. 

Assessor's  deputies. 

Sec  36.  The  board  of  directors  must  allow  the  asses.sor  as  many 
deputies,  to  be  appointed  by  him,  as  will,  in  the  .judgment  of  the  board, 
enable  him  t-o  complete  the  assessment  within  the  time  herein  prescribed. 
The  board  must  fix  the  compensation  of  such  deputies,  which  shall  be 
paid  out  of  the  treasury  of  the  district.  The  compensation  must  not 
exceed  five  dollars  per  day  for  each  deputy,  for  the  time  actually 
engaged,  nor  must  any  allowance  be  made  but  for  work  done  between 
the  first  I\Ionday  in  ^Nlarch  and  the  first  Monday  in  August  in  each  year. 

Time  for  completion  of  assessment  book;  time  for  equalizing  assessments. 

Sec.  37.  On  or  before  the  fir.st  Monday  in  August  in  each  year,  the 
assessor  mu.st  complete  his  assessment  book,  and  deliver  it  to  the  secre- 

■•Pol.  C,  Sec.  3653,  provides  tliat,  upon  written  request,  the  county  assessor  murA 
furnish  the  district  with  a  certified  copy  of  the  assessment  book,  so  far  as  it  perta'ns 
to   property   within    the    district. 


CALIFORXIA    IRRIGATIOX    DISTRICT    LAWS.  -41 

tary  of  the  board,  who  must  immediately  give  notice  thereof,  and  of  the 
time  the  board  of  directors,  acting-  as  a  board  of  eciualization,  will  meet 
to  equalize  assessments,  by  publication  in  a  newspaper  published  in  each 
of  the  counties  comprising  the  district.  The  time  fixed  for  the  meeting 
shall  not  be  less  than  twenty  nor  more  than  thirty  days  from  the  first 
publication  of  the  notice;  and  in  the  meantime  the  assessment  book 
nuist  remain  in  the  office  of  the  secretary  for  the  inspection  of  all 
persons  interested. 

Lahman  vs.  Hatch,  124  Cal.  1. 

EQUALIZATION  OF  ASSESSMENT. 

Hearings  on  objections  to  assessments. 

Sec.  38.  Upon  the. day  specified  in  the  notice  recpiired  by  the  pre- 
ceding section  for  the  meeting,  the  board  of  directors,  which  is  hereby 
constituted  a  board  of  eciualization  for  that  purpose,  shall  meet  and 
continue  in  session  from  time  to  time,  as  long  as  may  be  necessary,  not 
to  exceed  ten  days,  exclusive  of  Sundays,  to  hear  and  determine  such 
objections  to  the  valuation  and  assessment  as  may  come  before  them ; 
and  the  board  may  change  the  valuation  as  may  be  .just.  The  secretary 
of  the  board  shall  be  present  during  its  .sessions,  and  note  all  changes 
made  in  the  valuation  of  property,  and  in  the  names  of  the. persons 
whose  property  is  assessed ;  and  within  ten  days  after  the  close  of  the 
session  he  shall  have  the  total  values,  as  finally  equalized  by  the  board, 
extended  into  columns  and  added. 

Lahman  vs.  Hatch,  124  Cal.  1. 

Imperial  Land  Co.  vs.  Impcria}  Irr,  Dist.,   iTS  (.".il.  fi6S. 

LEVY  AND  COLLECTION  OF  TAXES. 
Assessment  for  interest,  principal,  rentals,  etc. 

Sec.  39.  The  board  of  directors  shall  then,  within  fifteen  clays  after 
the  close  of  its  session  as  a  board  of  equalization,  levy  an  a.ssessment 
upon  the  lands  within  the  district  in  an  amount  sufficient  to  raise  the 
interest  due  or  that  will  become  due  on  all  outstanding  bonds  of  the 
district  on  the  first  day  of  the  next  ensuing  January  and  tlie  first  day 
of  the  next  en.suing  July,  or  that  the  board  of  directors  believes  \\i\\ 
become  due  on  either  or  both  of  said  datas,  on  bonds  authorized  but  not 
sold ;  also  sufficient  to  pay  the  principal  of  all  bonds  of  the  district 
that  have  matured  or  that  will  mature  before  the  close  of  the  next 
ensuing  calendar  year ;  also  sufficient  to  pay  in  full  all  sums  due  or  that 
will  become  due  from  the  district  before  the  time  for  levying  the  next 
annual  assessment,  on  account  of  rentals,  or  charges  for  lands,  water 
or  water  rights  acquired  by  said  district  under  lease  or  contract ;  also 
sufficient  to  pay  in  full  all  sums  due  or  that  will  become  due  from  the 
district,  before  the  time  for  levying  the  next  annual  assessment,  on 
account  of  contracts  entered  into  by  the  district  for  power  or  fuel  used 
or  to  be  used  for  the  pumping  of  water  for  the  irrigation  of  land 
within  the  district ;  provided,  the  payment  of  the  cost  of  such  power  or 
fuel  has  not  been  provided  for  by  the  levying  of  tolls  or  charges  for  the 
use  of  water  or  otherwise ;  also  sufficient  to  pay  in  full  the  amount  of 
all  unpaid  warrants  of  th-^  district  issued  in  accordance  with  this  act 
and  the  amount  of  any  other  contracts  or  obligation  of  the  district 


42  CALIPORNIA    IRRIGATION   DISTRICT   LAWS. 

which  shall  have  been  reduced  to  judgment ;  also  sufficient  to  raise  such 
amount  not  exceeding  two  per  centum  of  the  aggregate  value  of  the 
lands  within  the  district  according  to  the  latest  duly  equalized  assess- 
ment roll  thereof,  as  the  board  of  directors  shall  "determine  may  be 
needed  to  be  raised  by  assessment  for  any  of  the  purposes  of  this  act. 
(Stats.  1919,  p.  472.) 

Cooper  vs.  Miller,  113  Cal.  2  3S  : 

Hughson  vs.   Crane,  115   Cal.   404  ; 

Lahman  vs.  Hatch,  124  Cal.   1  ; 

Escondido  H.  S.  Dist.  vs.  Escondido  Seminary,  130  Cal.  12S  ; 

Baxter  vs.  Vineland  Irr.  Dist..  136  Cal.  1S5  ;    • 

Boskowitz  vs.  Thompson,  144  Cal.  724  ; 

Nevada  National  Bank  vs.  Poso  Dist.,  149  Cal.  662  ; 

Matter  of  Bonds  of  South  San  Joaquin  Dist..  161  Cal.  345  ; 

Imperial  Land  Co.  vs.  Imperial  Dist.,  173  Cal.  660  ; 

Hewel  vs.  Hogan,   3   Cal.   .A.pp.   24 S  ; 

Nevada  National  Bank  vs.  Supervisors,  5  Cal.  App.  638; 

Corson  vs.  Crocker,  31  Cal.  App.  626; 

Buschman  vs.  Turtock  Irr.  Dist.    (Cal.  App.),  190  Pac.   491;    ' 

Board  of  Su2}ervisors  vs.  Thompson,  122  Fed.  860  ; 

Marra  vs.  S.  /.  and  P.  V.  Irr.  Dist.,  131  Fed.  780  ; 

Eberhard  vs.  Canon   (Colo.),   157  Pac.  189; 

Rio  Grande,  etc.,  Co.  vs.  Orchard  Mesa  District  (Colo.),  171  Pac.  367. 

Assessments  on  ad  valoreni   basis  constitutional: 
In  re  Madera  Irr.  Disl..  92   Cal.   296. 

Payment  under  protest : 

Decker  vs.  Perry,  4   Cal.  Unrep.   488. 

"Outstanding  bonds"   defined. 

Board  of  Directors  vs.   Tregea,  88  Cal.   334,   356. 

Duty  of  secretary. 

Sec.  39a.  The  secretary  of  the  board  must  compute  and  enter  in  a 
separate  column  of  the  assessment  book  the  respective  sums  in  dollars 
and  cents  to  be  paid  as  an  assessment  on  the  property  therein  enumer- 
ated. When  collected,  the  assessment  shall  be  paid  into  the  district 
treasury  and  be  apportioned  to  the  several  proper  funds.  (Stats.  1917, 
p.  765.) 

McDonongh  vs.  Cooper,  179  Cal.  384. 

Neglect  to  make  assessment. 

Sec.  396.  If  as  the  result  of  the  neglect  or  refusal  of  the  board  of 
directors  to  cause  such  assessment  and  levies  to  be  made  as  in  this  act 
provided,  then  the  duly  equalized  assessment  made  by  the  county 
assessor  of  the  county  or  each  of  the  respective  counties  in  ^^^lich  the 
district  is  situated  shall  be  the  basis  of  assessment  for  the  district,  and 
the  board  of  supervisors  of  the  county  in  which  the  office  of  the  board 
of  directors  of  said  district  is  situated  shall  cause  an  assessment  roll  of 
said  district  to  be  prepared,  and  shall  make  the  levy  required  by  this 
act,  in  the  same  manner  and  with  like  effect  as  if  the  same  had  been 
made  by  said  board  of  directors  and  all  expenses  incident  thereto  shall 
be  borne  by  such  district  and  may  be  collected  by  suit  at  law,  which 
shall  be  commenced  by  the  district  attorney  of  the  county  whose  board 
of  supervisors  caused  said  assessment  roll  to  be  prepared,  unless  the 
amount  of  such  expenses  shall  be  paid  within  sixty  days  from  the  time 
when  proper  demand  shall  have  been  made  therefor.  In  case  of  the 
neglect  or  refusal  of  the  collector  or  treasurer  of  any  irrigation  district 
to  perform  the  duties  imposed  by  law,  then  the  tax  collector  and  the 


I 


CALIFORNIA    IRRIGATION   DISTRICT   LAWS.  43 

treasurer  of  the  county  in  which  the  office  of  the  board  of  directors  of 
such  district  is  situated  must  respectively  perform  such  duties  and  shall, 
be  accountable  therefor  upon  their  official  bonds ;  but,  in  case  any 
county  tax  collector  shall  collect  any  assessment  for  any  irrigation 
district,  he  shall  pay  the  same  to  the  county  treasurer,  who  shall  place 
such  money  in  special  fund  to  the  credit  of  the  district  and  shall  dis- 
burse the  same  to  the  proper  persons  for  the  purposes  for  which  such 
assessments  have  been  levied  and  shall  not  pay  any  part  thereof  to  the 
treasurer  of  said  district  until  said  county  treasurer  shall  be  satisfied 
that  all  of  the  valid  obligations  for  which  such  assessments  were  levied 
and  for  which  payment  has  been  demanded  have  been  paid.  (Stats. 
1917,  p.  765.) 

Duty  of  district  attorney. 

Sec.  39c.  It  shall  be  the  duty  of  the  district  attorney  of  each  county 
in  which  tlie  office  of  any  irrigation  district  is  located  to  ascertain  each ' 
year  whether  the  duties  relating  to  the  levying  and  collection  of  assess- 
ments, as  in  this  act  provided,  have  been  performed,  and  if  he  shall 
learn  that  the  board  of  directors  or  any  official  of  any  such  irrigation 
district  ha-i  neglected  or  refused  to  perform  any  such  duty,  said  district 
attorney  shall  so  notify  the  board  of  supervisors  or  the  county  official 
required  by  this  act  to  perform  such  duty  in  such  case,  and,  unless 
such  board  of  supervisors  or  such  county  official  shall  proceed  to  the 
performance  of  such  duty  within  thirty  days  after  the  receipt  of  such 
notice  the  district  attorney  shall  take  such  action  in  court  as  may  be 
necessary  to  compel  the  performance  of  such  duty,  and  said  district 
attorney  shall  give  such  notice  to  other  officials,  and  shall  take  such 
action,  as  may  be  necessary  to  secure  the  perfonnance  in  their  proper 
sequence  of  the  other  duties  relating  to  the  levying  and  collection  of 
assessments,  as  in  this  act  provided,  that  for  the  enforcement  of  the 
levying  and  collection  of  any  assessment  hereafter  required  to  be  levied 
and  collected  for  the  pajnnent  of  any  delit  hereafter  incurred,  in  case 
complaint  shall  be  made  to  the  attorney  general  of  the  State  of  Cali- 
fornia that  the  district  attorney  of  any  county  has  not  performed  any 
duty  devolving  upon  him  by  the  provisions  of  this  section,  or  that  he  is 
not  proceeding  with  due  diligence  or  in  the  proper  manner  in  the 
performance  of  an.y  such  duty,  the  attorney  general  shall  make  an 
investigation,  and  if  it  shall  be  found  that  such  charge  or  charges  are 
true,  said  attorney  general  shall  take  such  measures  as  may  be  necessary 
to  enforce  the  performance  of  the  duties  relating  to  the  levying  and 
collection  of  assessments,  as  in  this  act  provided.     (Stats.  1917,  p.  766.) 

Marra  vs.  8.  J.  and  P.  V.  In:  Dist.,  131  Fed.  780. 

Extension  of  time. 

Sec.  39f/.  If  as  the  result  of  the  neglect  or  refusal  of  any  official  or 
officials  to  perform  any  duty  relating  to  the  levying  and  collection  of 
assessments,  as  in  this  act  provided,  it  shall  be  impossible  for  such  duty 
to  be  performed  within  the  time  required  and  such  duty  shall  subse- 
quently be  performed,  then  the  time  within  which  all  duties  consequent 
upon  the  performance  of  such  duty  shall  be  performed  shall  be  extended 
so  as  to  allow  the  elapsing  of  the  intervals  required  by  this  act  to  elapse 


44  CALIFORNIA    IRRIGATION    DISTRICT    LAWS. 

between  the  performance  of  such  duties,  and  the  assessments  herein 
provided  for  shall  not  become  delinquent  for  at  least  thirty  days  after 
the  first  publication  of  the  notice  that  such  assessments  are  due  and 
parable,  as  provided  in  section  forty-one  of  this  act.  (Stats.  1917, 
p.  767.) 

Assessment  of  land  omitted. 

Sec.  39r.  In  the  event  any  land  within  .said  district  subject  to  assess- 
ment for  the  purposes  of  the  district  has  not  been  assessed  by  the  county 
assessor  or  does  not  appear  upon  the  county  assessment  roll  adopted  by 
said  board  of  supervisors  as  the  basis  of  assessment  for  the  district,  the 
land  so  omitted  belong-ing  to  any  person,  association,  corporation,  or 
municipality  shall  be  forthwith  assessed  by  the  county  assessor  upon 
an  order  of  the  board  of  supervisors  and  a  description  of  the  property 
so  omitted  shall  be  written  in  the  roll  prepared  for  the  purpose  of 
•district  assessments.  In  such  case,  before  any  assessment  is  levied,  tlie 
board  of  supervisors  must  meet  and  equalize  said  assessment  with  that 
of  the  assessment  of  other  lands  in  said  district.  The  same  notice  shall 
be  given  liy  the  board  of  supervisors  of  such  meeting  for  the  purpose 
of  equalizing  the  assessment  to  be  made  as  herein  directed  as  is  provided 
in  this  act  to  be  given  by  the  board  of  directors  of  an  irrigation  district 
when  the  said  board  is  to  meet  for  the  purpose  of  equalizing  assess- 
ments. All  the  powers  and  duties  respecting  the  collection  of  all 
assessment  on  possession  of,  claim  to,  or  right  to  the  possession  of  land 
now  provided  in  sections  three  thousand  eight  hundred  twenty,  three 
thousand  eight  hundred  twenty-one,  three  thousand  eight  hundred 
twenty-two.  tliree  thousand  eight  hundred  twenty-three,  three  thou- 
sand eight  hundred  twenty-four,  three  thousand  eight  hundred  twenty- 
five  and  three  thousand  eight  hundred  twenty-nine  of  the  Political 
Code,  as  regards  county  assessors  shall  apply,  so  far  as  applicable  to 
irrigation  district  assessors.     (Stats.  1917,  p.  767.) 

Unpaid  tolls  part  of  assessment. 

Sec.  39/.  Whenever  an;,'  tolls  and  charges  for  tlio  use  of  water  have 
been  fixed  by  the  board  of  directors,  it  shall  l)e  la^vful  to  make  the  same 
payable  in  advance,  and  in  case  any  sucli  tolls  or  charges  remain  unpaid 
at  the  time  herein])efore  specified  for  levying  the  annual  assessment  thq 
amount  due  for  such  tolls  and  charges  may  be  added  to  and  become  a 
part  of  the  assessment  levied  upon  the  land  upon  which  the  water  for 
which  such  tolls  or  charges  are  unpaid  was  used.      (Stats.  1917,  p.  768.) 

Assessment  becomes  a  lien,  when. 

Sec.  40.  The  assessment  upon  land  is  a  lien  against  the  property 
assessed  from  and  after  the  first  ^Monday  in  ]\Iarch  for  any  year. 
(Stats.  1917,  p.  768.) 

Notice  that  assessments  are  due;  when  delinquent. 

Sec.  41.  On  or  before  the  first  day  of  November,  the  secretary  must 
deliver  the  assessment  book  to  the  collector  of  the  district,  who  shall 
within  twenty  days  publish  a  notice  in  a  newspaper  published  in  each 
county  in  which  any  portion  of  the  district  may  lie,  that  said  assess- 


CALIFORNIA    IRRIGATION    DISTRICT    LAWS.  45 

meiits  are  due  and  payable  and  will  l)eeoine  delinquent  at  six  o'cloek 
p.m.  on  the  last  ^fonday  of  Deeenil)er  next  thereafter,^  and  that  unless 
paid  prior  thereto  ten  per  cent  will  be  added  to  the  amount  thereof,  and 
also  tlie  time  and  place  at  v/hich  payment  of  assessments  may  be  made, 
which  notice  shall  be  publislied  for  the  period  of  two  weeks.  The  col- 
lector must  attend  at  the  time  and  place  specified  in  the  notice  to 
receive  assessments,  which  must  be  paid  in  gold  and  silver  coin  ;  he 
must  mark  the  date  of  payment  of  any  assessment  in  the  assessment 
book,  opposite  the  name  of  the  person  paying  and  give  a  receipt  to  such 
person,  specifying  the  amount  of  the  assessment  and  the  amount  paid, 
with  the  description  of  the  property  assessed.  On  the  last  ^londay  in 
December  at  six  o'clock  p.m.  of  each  year,^  all  unpaid  assessments  are 
delinquent  and  thereafter  the  collector  must  collect  tliereon,  for  tlie 
use  of  the  district,  an  addition  of  ten  per  cent.      (Stats.  1918,  p.  1002.) 

San  Diego  vs.  Linda  Vista  Dist..  lOS  Cal.  1S9  ; 

Perry  vs.  Otaij  Irr.  Dist..  127  Cal.  565  ; 

Drnschi  vs.  Cuoi)er,  30  Cal.  App.  682  ; 

Corson  vs.  Crocker.  31  Cal.  App.  62  6  ; 

Holland  vs.  Avondale  Dist.    (Idaho),   166  Pac.   259. 

Suit  against  delinquent,  to  collect  assess.Tient. 

Sec.  -ila.  The  board  of  directors  may  at  any  time  after  any  assess- 
ment has  become  deli^iquent  direct  the  collector  not  to  proceed  with  the 
sale  of  any  property  on  the  delinquent  list,  but  to  bring  suit  against 
the  delinquent  in  the  proper  court  in  the  name  of  the  district  to  enforce 
such  collection.  The  provisions  of  the  Code  of  Civil  Procedure  relat- 
ing to  pleadings,  proofs,  trials  and  pleas  are  hereby  made  applicable 
to  the  proceedings  herein  provided  for,  and  in  such  suit  the  district 
may  recover  the  amount  of  said  assessments  together  with  the  penalties 
and  interests,  provided  in  this  act,  and  costs  of  suit.  (Stats.  1915, 
p.  1368.) 

Irrigation  district  assessment  is  an  assessment  for  benefits. 
San  Diego  vs.  Linda  Vista  In:  Dist..  108  Cal.  189. 

As  to  enforcement  of  collection  by  suit  against  delinquent,  see 

Atchison   T.  &  S.  F.  Ry.  Co.  vs.  Reclamation  Dist..  173   Cal.   91. 

PUBLICATION  OF  DELINQUENT  NOTICE. 
Delinquent  list;  day  of  sale. 

Sec.  42.  On  or  before  the  first  day  of  February,  the  collector  must 
publish  the  delinquent  list,-  which  must  contain  the  names  of  the  persons 
and  a  description  of  the  property  delinquent,  and  the  amount  of  the 
assessments  and  costs  due  opposite  each  name  and  description.  He 
must  append  to  and  publish  with  the  delinquent  list  a  notice,  that  unless 
the  assessments  delinquent,  together  with  costs  and  percentage,  are 
paid,  the  real  property  upon  which  such  assessments  are  a  lien  will  be 
sold  at  public  auction.     The  publication  must  be  made  once  a  week 

'If  provision  has  been  made  for  the  payment  of  assessments  in  two  installments, 
one-half  becomes  delinquent  at  the  above  time  and  one-half  at  6  p.m.  on  the  last 
MondJly  of  June  next  thereafter.  See  section  i  of  the  act  of  1909  permitting  payment 
of  assessments  in  two  installments,  page  74  hereof. 

-If  provision  has  been  made  for  the  payment  of  assessments  in  two  installments, 
publication  of  tlie  delinquent  list  shall  not  be  made  before  the  first  day  of  July,  but 
must  be  made  on  or  before  the  first  day  of  Augvist.  See  section  5  of  the  act  of  19  09 
permitting  the  payment  of  assessments  in  two  installments,   page   74  hereof. 


46  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

for  three  successive  weeks,  in  a  newspaper  published  in  the  county  in 
which  the  property  delin(juent  is  situated;  provided,  that  if  any 
property  assessed  to  the  same  person  or  corporation  shall  lie  in  more  than 
one  county,  then  such  publication  may  be  made  in  any  county  in  which 
any  portion  of  such  property  may  lie.  The  publication  must  designate 
the  time  and  place  of  sale.  The  time  of  sale  must  not  be  less  than 
twentj-one  nor  more  than  twenty-eight  days  from  the  first  publication, 
and  the  place  must  be  at  some  point  designated  by  the  collector,  within 
the  district;  provided,  liowcver,  that  if  there  should  occur  any  error  in 
tlie  publication  of  the  sale  of  the  delinquent  property,  which  might 
invalidate  a  .sale  nuide  thereunder,  and  such  error  is  discovered  prior 
to  sale  thereunder  the  collector  shall  at  once  republish  the  sale  of  the 
property  affected  by  such  error,  making  such  republication  conform  to 
the  provisions  of  this  law,  and  the  time  of  sale  designated  in  such  repub- 
lication must  not  be  less  than  twenty-one  nor  more  than  twenty-eight 
days  from  the  first  republication ;  and  the  place  of  sale  must  be  at  some 
f»oint  designated  by  the  collector  within  the  district,  and  stated  in  such 
republication. 

Best  vs.    Wohlford,  153  Cal.   17  ; 
Bruschi  vs.  Cooper,  30  Cal.  App.  682-96. 

SALE  FOR  DELINQUENT  TAXES. 

Sale  of  property  for  delinquent  taxes. 

Sec.  4'3.  The  collector  must  collect,  in  addition  to  the  assessments 
due  on  the  delinquent  list,  and  ten  per  cent  added,  fifty  cents  on  each 
lot,  piece  or  tract  of  land  separately  assessed.  On  the  day  fixed  for  the 
sale,  or  some  subsequent  day  to  which  he  may  have  postponed  it,  of 
which  he  must  give  notice,  the  collector,  between  the  hours  of  ten  a.m. 
and  three  o'clock  p.m.,  must  commence  the  sale  of  the  property  adver- 
tised, commencing  at  the  head  of  the  list  and  continuing  alphabetically, 
or  in  the  numerical  order  of  the  lots  or  blocks,  until  completed.  He 
may  postpone  the  day  of  commencing  the  sales,  or  the  sale,  from  day  to 
day,  but  the  sale  must  be  completed  within  three  weeks  from  the  day 
first  fixed ;  provided,  that  if  any  sale  or  sales  shall  be  stayed  by  legal 
proceedings,  the  time  of  the  continuance  of  such  proceedings  is  not 
part  of  the  time  limited  for  making  such  sale  or  sales;  and  provided 
further,  that  in  any  district  where  the  validity  of  any  assessment  shall 
be  in  litigation  at  the  time  this  act  shall  take  effect,  the  sale  of  any 
property,  whether  it  be  involved  in  such  litigation  or  not,  ma^^  be  post- 
poned for  a  time  not  to  exceed  four  months.      (Stats.  1913,  p.  1003.) 

Woodruff  vs.  Perry,  103  Cal.   611  ; 
Baxter  vs.  Vineland  Dist.,  136  Cal.  185-193  ; 
Bruschi  vs.  Cooper,  30  Cal.  App.   682  ; 
Corson  vs.  Crocker,  31  Cal.  App.   626. 

Rights  of  owner  of  realty;  resale  in  default  of  payment;  district  may  purchase. 

Sec  44.  The  owner  or  per.son  in  possession  of  any  real  estate  offered 
for  sale  for  assessments  due  thereon  may  designate,  in  writing,  to  the 
collector,  prior  to  the  sale,  what  portion  of  the  propert.y  he  wishes  sold, 
if  less  than  the  whole ;  but  if  the  owner  or  possessor  does  not,  then  the 
collector  may  designate  it  and  the  person  who  will  take  the  least  quan- 
tity of  land,   or  in  case  an  undivided  interest  is  assessed,   then  the 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  47 

smallest  portion  of  the  interest,  and  pay  the  assessments  and  costs  due, 
including  two  dollars  for  the  duplicate  certificate  of  sale,  is  the  pur- 
chaser. If  the  purchaser  does  not  pay  the  assessments  and  costs  hefore 
ten  o'clock  a.m.  the  following  day,  the  property  on  the  next  sale  day 
must  be  resold  for  the  assessments  and  costs.  But  in  case  there  is  no 
purchaser  in  good  faith  for  the  same  on  the  first  day  that  the  property 
is  ottered  for  sale,  then,  when  the  property  is  offered  thereafter  for 
sale,  and  there  is  no  purchaser  in  good  faith  for  the  same,  the  whole 
amount  of  the  property  assessed  shall  be  struck  off  to  the  irrigation 
district  witliin  which  such  lands  are  situated  as  the  purchaser,  and  the 
duplicate  certificate  delivered  to  the  treasurer  of  the  district,  and  filed 
by  him  in  his  office.  Xo  charge  shall  be  made  for  the  duplicate  certifi- 
cate where  the  district  ls  the  purchaser,  and,  in  such  ease,  the  collector 
shall  make  an  entry,  "sold  to  the  district,"  and  he  shall  be  credited 
with  the  amount  thereof  in  his  settlement.  An  irrigation  district  as  a 
purchaser  at  such  sale,  shall  be  entitled  to  the  same  rights  as  a  private 
purchaser,  and  the  title  so  acquired  by  the  district,  subject  to  the  right 
of  redemption  herein  provided,  may  be  conveyed  by  deed,  executed  and 
acknowledged  by  the  president  and  secretary  of  said  board;  provided, 
that  authority  to  so  convey  must  be  conferred  by  resolution  of  the 
board  entered  on  its  minutes,  fixing  the  price  at  -which  such  sale  may 
be  made,  and  such  conveyance  shall  not  be  made  for  a  less  sum  than  the 
reasonable  market  value  of  such  property. 

Designation  of  least  quantity,  etc. : 

Best  vs.  Wohlford,  15  3  Cal.  17-20. 

Priority  of  tax  liens  : 

Nevada  National  Bank  vs.  Poso  Dist.,  140  Cal.  344  ; 
Henryhjn  Irr.  Dist.  vs.  Patterson  (Colo.),  176  Fac.  493; 
(Political  Code,  section  3787  ;  Sec.  4S  infra.) 

Certificate  of  sale. 

Sec.  45.  After  receiving  the  amount  of  a.ssessments  and  costs,  the 
collector  must  make  out  in  duplicate  a  certificate,  dated  on  the  day  of 
sale,  stating  (when  known)  the  name  of  the  person  assessed,  a  descrip- 
tion of  the  land  sold,  the  amount  paid  therefor,  that  it  w-as  sold  for 
assessments,  giving  the  amount  and  year  of  the  assessment,  and  specify- 
ing the  time  when  the  purchaser  will  be  entitled  to  a  deed.  The  certifi- 
cate must  be  signed  by  the  collector,  and  one  copy  delivered  to  the 
purchaser,  and  the  other  filed  in  the  office  of  the  county  recorder  of 
the  county  in  which  the  land  is  situated. 

Wilson  vs.  Carter.  117  Cal.  53  ; 
Best  vs.  Wohlford,  153  Cal.  17  ; 
Brnschi  vs.  Cooper,  30  Cal.  App.  682  ; 
Corson  vs.   Crocker,  31  Cal.  App.   626  ; 
McDonough  vs.  Cooper,  179  Cal.  384  ; 
(See  section  48  infra.) 

Record  book  of  property  sold  for  assessments. 

Sec  46.  The  collector,  before  delivering  any  certificate,  must  in  a 
book  enter  a  description  of  the  land  .sold,  corresponding  with  the  descrip- 
tion in  the  certificate,  the  date  of  the  sale,  purchasers'  names,  and 
amount  paid,  regularly  number  the  description  on  the  margin  of  the 
book,  and  put  a  corresponding  number  on  each  certificate.  Such  book 
must  be  open  to  public  inspection,  without  fee,  during  office  hours,  when 


48  CALIFORNIA    IRRIGATION    DISTRICT    LAWS. 

not  in  aetiuil  use.  On  filing  the  certificate  witli  such  county  recorder 
the  lien  of  the  assessments  vests  with  the  purchaser,  and  is  only  divested 
by  the  payment  to  him,  or  to  the  collector  for  his  use,  of  the  pur- 
chase money,  and  two  per  cent  per  month  from  the  day  of  sale  until 
redemption. 

REDEMPTION  OF  PROPERTY  SOLD  FOR  DELINQUENT  TAXES. 

Redemption  of  property. 

Sec.  47.  A  redemption  of  the  property  sold  may  be  made  by  the 
owner,  or  any  party  in  interest,  within  three  years  from  the  ilate  of 
XJurchase,  or  at  any  time  thereafter  before  a  deed  has  been  made  and 
delivered.  Redemption  must  be  made  in  gold  or  silver  coin,  as  provided 
for  the  collection  of  state  and  county  taxes,  and  when  made  to  the 
collector  he  must  credit  the  amount  paid  to  the  person  or  his  assignees. 
In  each  report  the  collector  makes  to  the  board  of  directors,  he  must 
name  the  person  entitled  to  redemption  money,  and  the  amount  due 
each.  On  receiving  the  certificate  of  sale,  the  county  recorder  must 
file  it  and  make  an  entry  in  a  l)ook  similar  to  that  re(|uired  of  the 
collector.  On  the  presentation  of  the  receipt  of  the  person  named  in 
the  certificate,  or  of  the  collector  for  his  use  of  the  total  amount  of  the 
redemption  money,  the  recorder  must  mark  the  word  "redeemed,"  the 
date,  and  by  whom  redeemed,  en  the  certificate  and  on  the  margin  of 
the  book  where  the  entry  of  the  certificate  is  made.  If  the  property 
is  not  redeemed  within  the  time  herein  provided,  the  collector  or  his 
successor  in  office,  upon  demand,  must  make  to  the  purchaser,  or  his 
assignee,  a  deed  of  the  property,  reciting  in  the  deed  substantially  the 
matters  contained  in  the  certificate,  and  that  no  person  redeemed  the 
property  during  the  time  allowed  by  law  for  its  redemption ;  provided, 
that  where  property  has  been  sold  to  the  district  it  may  be  redeemed  as 
herein  provided,  at  any  time  before  the  district  has  disposed  of  the 
.same.  The  collector  shall  receive  from  the  purchaser,  for  the  use  of  the 
district,  two  dollars  for  making  such  deed.      (Stats.  1921,  p.  1109.) 

Bruschi  vs.  Cooper,  30  Cal.  App.   682. 

Delinquent  taxes  not  bar  to  dissolution;  deed  of  land  sold. 

Sec.  47^.  The  five  year  period  herein  prescribed  for  the  redemption 
of  properties  sold  for  delinquent  taxes  shall  not  operate  as  a  bar  to  the 
dissolution  of  any  irrigation  district.  If  any  land  has  been  sold  for 
delin(]uent  taxes  of  a  district  in  process  of  dissolution,  or  in  a  district 
wliich  has  been  dissolved,  and  the  time  allowed  for  redemption  has  not 
expired,  the  owner  of  such  property  or  any  one  in  interest  may  redeem 
the  same  by  paying  the  amount  due  thereon,  computed  as  provided  in 
section  forty-six  of  this  act,  to  the  county  treasurer,  who  must  issue  his 
receipt  therefor,  and  upon  the  presentation  of  such  receipt  the  county 
recorder  must  cancel  the  certificate  of  sale  in  the  manner  required  in 
the  preceding  section. 

In  the  event  any  land  has  been  sold  for  non-payment  of  taxes  as 
herein  provided,  and  no  redemption  has  been  made  within  five  years 
from  the  date  of  purchase  in  any  district  which  may  have  been  dis- 
solved before  the  expiration  of  said  redemption  period,  then  a  deed  for 


CALIFORNIA    IRRIGATION    DISTRICT    LAWS.  49 

the  property  sold  and  described  in  the  eertifieate  of  sale  must  be  made 
to  the  purchaser  upon  demand  l)y  the  county  treasurer  of  the  county 
in  which  said  irrigatinn  district  is  or  was  situated.  Such  deeed  shall 
contain  all  the  recitals  of  the  certificate  of  sale,  and  in  addition  tlrereto, 
a  recital  that  the  district  has  been  dissolved,  and  a  deed  executed  in 
pursuance  of  the  authorit}'  given  by  this  section.  A  deed  so  executed 
shall  have  the  same  force  and  eft'ect  as  if  executed  by  the  collector  of 
an  irrigation  district.      (Stats.  1911.  p.  516.) 

Tax  deed  evidence  of  what. 

Sec.  48.  The  matter  recited  in  the  certificate  of  sale  must  be  recited 
in  the  deed,  and  such  deed  duly  acknowledged  or  proved  is  prima  facie 
evidence  that:  {a)  The  property  was  assessed  as  required  by  law:  ib) 
the  property  was  ecpialized  as  recpiired  by  law;  (c)  that  the  assessments 
were  levied  in  accordance  with  law;  (c/)  the  assessments  were  not  paid; 
(e)  at  a  proper  time  and  place  the  property  was  sold  as  prescribed  by 
law,  and  by  the  proper  officer;  (/)  the  property  was  not  redeemed;  (g) 
the  person  who  executed  the  deed  was  the  proper  officer. 

Such  deed  duly  acknowledged  or  proved  is  (except  as  against  actual 
fraud)  conclusive  evidence  of  the  regularity  of  all  the  proceedings  from 
the  assessment  by  the  assessor,  inclusive,  up  to  the  execution  of  the  deed. 
The  deed  conveys  to  the  grantee  the  absolute  title  to  the  lands  deseril)ed 
therein  free  of  all  encumbrances,  except  when  the  land  is  owned  by  the 
United  States,  or  this  state,  in  which  case  it  is  prima  facie  evidence  of 
the  right  of  possession. 

Cooper  vs.  Miller,  113  Cal.  238; 

Escondklo  H.  S.  Dist.  vs.  Escondido  Seminary.  130  Cal.  128; 

Best  vs.  Wohlford,  144  Cal.  733  ; 

Best  vs.   Wohlford,  153  Cal.  17; 

Haese  vs.  Heitzig,  159  Cal.  569,  575  ; 

McDonouffh  vs.  Cooper.  179  Cal.  384  ; 

Bruschi  vs.  Cooper,  30  Cal.  App.  682  ; 

Corson  vs.  Crocker,  31  Cal.  App.  626. 

Assessment  book  evidence  of  what. 

Sec  4!).  The  assessment  book  or  delinquent  list,  or  a  copy  thereof. 
certified  by  the  collector,  showing  unpaid  assessments  against  any 
person,  or  property,  is  prima  facie  evidence  of  the  assessment,  the 
I)roperty  assessed,  the  delinquency,  the  amount  of  assessments  due  and 
unpaid,  and  that  all  the  forms  of  the  law  in  relation  to  the  assessment 
and  levy  of  such  assessments  have  been  complied  with. 

Bruschi  vs.  Cooper,  31  Cal.  App.  682. 

Misnomer  does  not  invalidate. 

Sec.  50.  When  land  is  sold  for  assessments  correctly  imposed,  as  the 
property"  of  a  p:irticular  person,  no  mi.snomer  of  the  owner,  or  supposed 
owner,  or  other  mistake  relating  to  the  ownership  thereof  affects  the 
sale,  or  renders  it  void,  or  voidable. 

Escondido  H.   S.  Dist.   vs.   Escondido   Seminary,   130   Cal.   128  ; 
Commercial  National  Bank  vs.  Schlitz,  6  Cal.  App.  174,  182  ; 
Bruschi  vs.  Cooper,  30  Cal.  App.   6S2. 


4 — 16169 


50  CALIFORNIA   IRRIGATION    DISTRICT   LAWS. 

Settlements  between  secretary  and  collector. 

Sec.  51.  On  the  first  Monday  in  each  month,  the  collector  must  settle 
with  the  secretary  of  the  hoard  for  all  moneys  collected  for  assessments, 
and  pay  the  same  over  to  the  treasurer ;  and  within  six  da3^s  thereafter 
he  must  deliver  to  and  file  in  the  office  of  the  secretary  a  statement  under 
oath,  showing:  (a)  An  account  of  all  his  transactions  and  receipts  since 
his  la.st  settlement;  (h)  that  all  money  collected  by  him  as  collector  has 
been  paid.  The  collector  shall  also  file  in  the  office  of  the  secretary,  on 
said  first  Monday  in  each  month,  the  receipt  of  the  treasurer  for  the 
money  so  paid. 

REDEMPTION  OF  BONDS  AND  PAYMENT  OF  INTEREST. 

Redemption  of  bonds. 

Sec.  52.  Upon  presentation  of  any  matured  bond  or  any  matured 
interest  coupon  of  any  bond  of  the  district,  the  treasurer  shall  pay  the 
same  from  the  bond  fund.  If  funds  are  not  available  for  the  payment 
of  any  such  matured  bond  or  interest  coupon,  it  shall  draw  interest  at 
the  rate  of  seven  per  cent  per  annum  from  the  date  of  its  presentation 
for  payment  until  notice  is  given  that  funds  are  available  for  its  pay- 
ment, and  it  shall  be  stamped  and  provision  made  for  its  payment  as 
in  the  case  of  a  warrant  for  the  payment  of  which  funds  are  not 
availa])le  on  its  presentation.  Whenever  the  bond  fund  contains  ten 
thousand  dollars  in  excess  of  the  amount  necessary  to  pay  all  lionds  and 
interest  coupons  of  the  district  that  have  matured  or  that  will  mature 
before  the  time  when  any  part  of  the  next  annual  assessment  to  be 
levied  in  the  district  will  become  delinquent,  the  board  of  directors  may 
advertise,  in  the  manner  hereinbefore  provided  for  the  sale  of  bonds, 
for  the  receipt  of  sealed  proposals  for  the  delivery  to  the  district  for 
redemption  of  any  of  its  bonds  not  due.  Said  advertisement  shall  state 
the  amount  which  may  be  used  for  the  redemption  of  such  bonds.  Any 
such  proposals  shall  be  opened  by  the  board  in  open  meeting  at  the  time 
named  in  said  advertisement,  and  the  offer  or  offers  of  such  bonds  at  the 
lowest  rate  or  rates  shall  be  accepted ;  provided,  that  no  bonds  shall  be 
redeemed  at  more  than  the  par  value  thereof  except  by  unanimous  vote 
of  the  directors.  In  case  two  or  more  proposals  are  equal  and  there  is 
not  sufficient  money  available  to  accept  them  all,  the  lowest  numbered 
bonds  shall  have  the  preference.  In  case  not  enough  bonds  are  offered 
for  redemption  at  prices  which  the  board  of  directors  accepts,  the  board 
may  invest  any  money  available  for  redemption  of  bonds  in  bonds  of 
the  United  States  or  of  the  State  of  California  and  shall  hold  the  bonds 
so  purchased  as  part  of  the  bond  fund  until  such  time  as  the  board  may 
determine  that  it  is  for  the  best  interests  of  the  district  that  such  bonds 
or  any  of  them  be  sold.  In  case  of  the  sale  of  any  sucli  bonds,  the 
proceeds  of  the  sale  shall  be  deposited  in  the  bond  fund.  (Stats.  1919, 
p.  667.) 

Heivel  vs.  Hogin,  3  Cal.  App.  24S. 

Statute  of  limitations : 

Sechrist  vs.  Rialto  Irr.  Dist..  129  Cal.  640; 

Curtis  vs.  Rialto  Irr.  Dist.   (Cal.  App.),  187  Pac.  117  ; 

Farwell  vs.  San  Jacinto  and  P.  V.  Irr.  Dist.  (Cal.  App.),  192  Pac.  1034. 


CALIFORNL\    IRRIGATION    DISTRICT   LAWS,  51 

CONSTRUCTION  OF  WORKS. 
Bids  for  construction  of  works. 

Sec.  53.  After  adopting  a  plan  for  such  canal  or  canals,  storage 
reservoirs,  and  works,  as  in  this  act  provided  f of,  the  board  of  .directors 
shall  give  notice,  by  publication  thereof  not  less  than  twenty  days  in 
one  newspaper  published  in  each  of  the  counties  composing  the  district 
(provided  a  newspaper  is  published  therein),  and  in  such  other  news- 
papers as  they  may  deem  advisable,  calling  for  bids  for  the  construction 
of  such  work,  or  of  any  portion  thereof ;  if  less  than  the  whole  work  is 
advertised,  then  the  portion  so  advertised  must  be  particularly  described 
in  such  notice.  Said  notice  shall  set  forth  that  plans  and  specifications 
can  be  seen  at  the  office  of  the  board,  and  that  the  board  will  receive 
sealed  proposals  therefor,  and  that  the  contract  will  be  let  to  the  lowest 
responsible  bidder,  stating  the  time  and  place  for  opening  said  pro- 
posals, which,  at  the  time  and  place  appointed,  shall  be  opened  in 
public ;  and  as  convenient  thereafter  the  board  shall  let  said  work,  either 
in  portions  or  as  a  whole,  to  the  lowest  responsible  bidder ;  or  they  may 
reject  any  or  all  bids  and  readvertise  for  proposals  or  may  proceed  to 
construct  the  work  under  their  own  superintendence;  provided,  that  in 
case  of  emergenc}'  or  urgent  necessity  for  the  construction,  extension 
or  repair  of  works  for  irrigation  or  drainage,  the  board  of  directors, 
by  unanimous  vote  of  those  present  at  any  regular  or  special  meeting, 
may  award  contracts  therefor  without  advertising  for  bids,  but  the 
co.st  of  such  work  shall  not  exceed  five  hundred  dollars  and  such 
additional  amount  as  shall  be  equal  to  five  cents  for  each  acre  of  land 
in  the  district.  Contracts  for  the  purchase  of  material  shall  be  awarded 
to  the  lowest  responsible  bidder.  Any  person  or  persons  to  whom  a 
contract  may  be  awarded  shall  enter  into  a  bond,  with  good  and  suffi- 
cient sureties,  to  be  approved  by  the  board,  payable  to  said  district  for 
its  use,  for  twenty-five  per  cent  of  the  amount  of  the  contract  price, 
conditioned  for  the  faithful  performance  of  said  contract.  The  work 
shall  be  done  under  the  direction  and  to  the  satisfaction  of  the  engineer, 
and  be  approved  by  the  board.     (Stats.  1919,  p.  668.) 

Healey  vs.  Anglo  Bank,  Ltd.,  5  Cal.  App.  278. 

See  section   9  of  Stats.   1917,  p.   243;   p.   89  hereof. 

Investigations  by  state  engineer. 

Sec.  53a.  During  the  construction  of  any  irrigation  works  to  be  paid 
for  out  of  the  proceeds  of  any  bond  issue  which  has' been  certified  by 
the  state  irrigation  district  bond  commission  as  provided  in  the  act 
creating  said  commission,  the  state  engineer  shall  have  access  to  all 
plans,  specifications,  and  records  of  such  construction,  and  shall  from 
time  to  time  make  such  investigations  and  such  reports  to  the  board  of 
directors  of  the  district  as  he  shall  deem  to  be  in  the  interest  of  the 
public  or  of  the  district.     (Stats.  1917,  p.  768.) 

Payment  of  claims. 

Sec.  5i.  No  claim  shall  be  paid  by  the  treasurer  until  allowed  by 
the  board,  and  only  upon  a  warrant  signed  by  the  president,  and 
countersigned  by  the  secretary;  provided,  that  the  board  may  draw, 
from  time  to  time,   from  the  construction   fund,   and   depo.sit  in  the 


52  CALIFORNIA   IRRIGATION    DISTRICT   LAWS. 

eonnty  treasury  of  the  county  where  the  office  of  the  hoard  is  situated 
any  sum  in  excess  of  the  sum  of  twenty-five  thousand  dollars.  The 
county  treasurer  of  said  county  is  herehy  authorized  and  required  to 
receive  and  receipt  for^the  same  and  place  the  same  to  the  credit  of 
said  district,  and  he  shall  be  responsible  upon  his  official  bond  for  the 
safekeeping  and  disbursement  of  the  same,  as  in  this  act  provided. 
He  shall  pay  out  the  same,  or  any  portion  thereof,  to  the  treasurer  of 
the  district  only,  and  only  upon  the  order  of  the  board,  signed  by  the 
president,  and  attested  by  the  secretary.  The  said  county  treasurer 
shall  report,  in  writing,  on  the  second  Monday  in  each  month,  the 
amount  of  money  in  the  county  treasury',  the  amount  of  receipts  for  the 
month  preceding,  and  the  amount  or  amounts  paid  out;  said  report 
shall  be  verified  and  filed  with  the  secretary  of  the  board.  The  district 
treasurer  shall  also  report  to  the  board,  in  writing,  on  the  first  Monday 
in  each  month,  the  amount  of  money  in  the  district  treasury,  the  amount 
of  receipts  for  the  month  preceding,  and  the  amount  and  items  of 
expenditures,  and  said  report  shall  be  verified  and  filed  with  the  sec- 
retary of  the  board. 

Perry  vs.  Otay  Irr.  Dist.,   127  Cal.   565. 

Negotiability  and  validity  of  warrants : 

Danhy  vs.  Starlight  Irr.  Dist.   (Ore:),  157  Pac.  10G6  ; 
Interstate  Trust  Co.  vs.  Steele  (Colo.),  173  Pac.  873-5. 

Reports  to  be  forwarded  to  state  engineer. 

Sec.  54^.  During  the  construction  of  any  work  to  be  paid  for  out 
of  the  i)roceeds  of  the  sale  of  any  bonds  of  any  irrigation  district 
within  this  state,  the  secretary  of  the  board  of  directors  shall,  within 
one  week  after  each  regular  meeting  of  said  board,  forward  to  the  state 
engineer  copies  of  all  reports  made  to  said  board  as  to  the  progress  of 
said  work  and  a  .statement  of  the  amounts  paid  for  the  doing  of  any 
part  of  said  work.  Immediately  after  the  publication  of  the  statement 
of  the  financial  condition  of  any  irrigation  district  within  this  state, 
retjuired  by  section  fourteen  of  this  act  to  be  made  annually,  the  board 
of  directors  of  said  district  shall  cause  a  copy  of  said  statement  and  a 
report  stating  the  general  condition  of  any  works  constructed  or 
acquired  by  said  district  and  whether  or  not  the  plan  of  irrigation 
adopted  1\v  the  district  is  being  successfully  carried  out  and  any  other 
matters  which  the  board  may  deem  proper,  to  be  forwarded  to  the  state 
engineer,  who  shall  examine  said  statement  and  report  and  make  to 
said  board  such  recommendations  and  comments  as  he  may  deem  i)roper. 
The  state  engineer  may  at  any  time  make  or  cause  to  be  made  an 
examination  of  the  affairs  of  any  irrigation  district  within  tliis  state 
or  call  upon  the  authorities  of  such  district  for  such  information  as 
he  may  desire  and  make  such  report  thereon  as  he  may  deem  advisable. 
(Stats.  1913,  p.  1000.) 

Improvements  to  be  paid  for  from  construction  fund. 

Sec.  55.  The  cost  and  expense  of  purchasing  and  acquiring  property 
and  constructing  the  works  and  improvements  herein  provided  for 
shall  be  wholly  paid  out  of  the  construction  fund;  provided,  however, 
that  when  any  lands,  waters,  water  rights  or  other  property  shall  be 
acquired  by  the  district  by  any  lease  or  contract,  under  the  terms  of 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  53 

which  the  eonsideratiou  or  rental  shall  be  payable  in  sneli  installments 
tTiat  a  like  amount  shall  be  payable  in  each  year  of  the  life  of  such 
lease  or  contract,  then  such  rental  or  consideration  shall  be  paid  out  of 
the  funds  derived  from  the  levying  of  annual  assessments,  or  from  the 
collection  of  rates,  tolls  and  charges  fixed  and  collected  as  hereinafter 
provided  for.  For  the  purpose  of  defraying  the  expenses  of  the 
organization  of  the  district,  and  of  the  care,  operation,  management, 
repair  and  improvement  of  such  portions  of  such  canal  and  works  as  are 
completed  and  in  use.  including  salaries  of  officers  and  employees,  and 
installments  of  rental  or  consideration  accniing  under  any  lease  or 
contract  as  hereinabove  in  this  section  mentioned,  the  board  may  in 
lieu  (either  in  part  or  in  whole)  of  levying  assessments  as  herein 
provided  for.  fix  rates  of  toll  and  charges,  for  irrigation  and  other 
public  uses  declared  by  this  act,  and  collect  the  same  from  all  persons 
using  said  canal  for  irrigation  and  other  purposes.  (Stats.  lUll, 
p.  516.) 

Htic/hson,  vs.   Crane.  115  Cal.   404  ; 
2Iitch€U  vs.  Patterson,  120  Cal.  286. 

Right  of  way. 

Sec.  56.  The  board  of  directors  shall  have  power  to  construct  the 
said  works  across  any  stream  of  water,  watercourse,  .street,  avenue, 
highway,  railway,  canal,  ditch,  or  fiume  which  the  route  of  said  canal 
or  canals  may  intersect  or  cross,  in  such  manner  as  to  afford  security 
for  life  and  property;  but  said  board  shall  restore  the  same,  when  so 
crossed  or  intersected,  to  its  former  state  as  near  as  may  be,  or  in  a 
sufficient  manner  not  to  have  impaired  unnecessarily  its  usefulness ;  and 
every  company  whose  railroad  shall  be  intersected  or  crossed  by  said 
works  shall  unite  with  said  board  in  forming  said  intersections  and 
crossings,  and  grant  the  privileges  aforesaid ;  and  if  such  railroad  com- 
l>any  and  said  board,  or  the  owners  and  controllers  of  the  said  prop- 
erty, thing,  or  franchise  so  to  be  crossed,  can  not  agi-ee  upon  the  amount 
to  be  paid  therefor,  or  the  points  or  the  matter  of  said  cro.ssings  or 
intersections,  the  same  shall  be  ascertained  and  determined  in  all 
respects  as  is  herein  provided  in  respect  to  the  taking  of  land.  The 
right  of  way  is  hereby  given,  dedicated,  and  set  apart,  to  locate,  con- 
struct, and  maintain  said  works  over  and  through  any  of  the  lands 
which  are  now  or  may  be  the  property  of  this  .state ;  and  also  there  is 
given,  dedicated,  and  set  apart,  for  the  uses  and  purposes  aforesaid, 
all  waters  and  water  rights  belonging  to  this  state  within  the  district. 

McPherson  vs.  Alta  Irr.  Dist.,  14  Cal.  App.  353  ; 
MacCammellv  vs.  Pioneer  Irr.  Dist.   (Idaho).  105  Pac.  1076  ; 
Citiy  of  Nampa  vs.  Xanipa,  etc.,  Dist.  (Idaho),  131  Pac.  8. 

GOVERNING  DIRECTORS, 

Compensation  of  officers. 

Sec.  57.  The  directors,  when  sitting  as  a  board  or  acting  under  the 
orders  of  the  board,  shall  each  receive  not  to  exceed  six  dollars  per  day 
and  fifteen  cents  per  mile  for  each  mile  actually  traveled  from  his  place 
of  residence  to  the  office  of  the  board,  and  actual  and  necessary  expenses 
paid  while  engaged  in  official  business  under  the  order  of  the  board; 
provided,  that  in  irrigation  districts  containing  five  hundred  thousand 


54  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

acres  or  more  the  directors,  in  lieu  of  .<^aid  per  diem,  shall  each  receive 
a  salary  of  one  hundred  and  fifty  dollars  per  month.  The  board  shall 
fix  the  compensation  to  be  paid  to  all  officers  named  in  this  act,  to  be 
paid  out  of  the  treasury  of  the  district;  pi'ovided,  that  said  board 
shall,  upon  the  petition  of  at  least  fifty  freeholders  within  such  district 
therefor,  submit  to  the  electors  at  any  general  election  a  .schedule  of 
salaries  and  fees  to  be  paid  hereunder,  which  may  include  the  salary 
or  per  diem  to  be  paid  to  the  directors.  Such  petition  must  be  pre- 
sented to  the  board  not  less  than  twenty  days,  nor  more  than  forty 
days,  prior  to  a  general  election,  and  the  result  of  such  election  shall 
be  determined  and  declared  in  all  respects  as  other  elections  are 
determined  and  declared  under  this  act.     (Stats.  1921,  p.  1004.) 

Directors  not  to  be  interested  in  contracts. 

Sec.  58.  No  director  or  any  other  officer  named  in  this  act  .shall  in 
any  manner  be  interested,  directly  or  indirectly,  in  any  contract 
awarded  or  to  be  awarded  by  the  board,  or  in  the  profits  to  be  derived 
therefrom ;  and  for  any  violation  of  this  provision,  such  officer  shall  be 
deemed  guilty  of  a  misdemeanor,  and  such  conviction  shall  work  a 
forfeiture  of  his  office,  and  he  shall  be  punished  by  a  fine  not  exceeding 
five  hundred  dollars,  or  by  imprisonment  in  the  county  jail  not  exceed- 
ing six  months,  or  by  both  such  fine  and  imprisonment. 

SPECIAL  ASSESSMENTS. 
Election  on  question  of  special  assessment. 

Sec.  59.  The  board  of  directors  may  at  any  time  call  a  special 
election  and  submit  to  the  qualified  electors  of  the  district  the  question 
whether  a  special  assessment  shall  be  levied  for  the  purpose  of  raising 
money  to  be  applied  to  any  of  the  purposes  of  this  act  or  of  any  act 
supplementary  hereto.  Such  election  must  be  called  upon  the  notice 
prescribed,  and  the  same  shall  be  held  and  the  result  thereof  determined 
and  declared  in  all  respects  in  conformity  with  the  provisions  of  sec- 
tion thirty  d  of  this  act.  The  notice  must  specify  the  amount  of  money 
proposed  to  be  raised,  and  the  purpose  or  purposes  for  which  it  is 
intended  to  be  used,  and  it  may  state  that  said  assessment  .shall  be 
levied  in  two  or  three  annual  installments  and  specify  the  amount  of 
the  installment  to  be  levied  in  each  year.  At  the  special  election  the 
ballots  shall  contain  the  words  "Assessment — Yes"  or  "Assessment — 
No,"  or  words  equivalent  thereto.  If  a  majority  of  the  votes  cast  are 
"Assessment — Yes,"  the  board  of  directors  shall,  at  the  time  of  the 
annual  levy  hereunder,  levy  a  sum  sufficient  to  raise  the  amount  voted, 
or,  if  the  notice  of  election  shall  have  provided  for  levying  said  assess- 
ment in  annual  installments,  the  board  of  directors  shall,  at  the  time 
of  the  annual  levy  in  each  of  the  years  specified  in  said  notice,  levy 
such  asses.sment  as  shall  raise  the  amount  of  the  installment  provided 
in  said  notice  to  be  raised  in  said  year;  provided,  however,  that  in  ease 
of  an  unexpected  emergency  by  which  the  flow  of  water  in  the  canal 
or  other  supply  is  interrupted,  the  amount  of  the  indebtedness,  incurred 
in  the  repair  of  the  works  of  said  district,  caused  by  such  interruption, 
not  to  exceed  in  any  one  year  forty  thousand  dollars,  may  also,  in 
addition  to  the  assessments  hereinbefore  provided  for,  be  levied  by  the 


CALIFORNIA    IRRIGATION   DISTRICT   LAWS,  55 

adoption  of  a  resolution  by  at  lea^t  four-fifths  of  the  members  of  the 
board  of  directors,  at  the  time  of  the  levying  of  the  annual  assessment 
provided  for  in  this  act,  without  the  submission  of  the  question  of  such 
levy  to  a  vote,  as  in  this  section  hereinbefore  provided.  (Stats.  1919, 
p.  668.) 

Tregea  vs.  Owens,  94  Cal.  317  ; 

Imperial  Land  Co.  vs.  Imperkil  Irr.  Dist.,  26  Cal.  App.  529  ; 
Imperial  Land  Co.  vs.  Imperial  Irr.  Dist.,  166  Cal.  491. 
Imperial  Land  Co.  vs.  Imperial  Irr.  Dist.,  173  Cal.  660  ; 
Imperial  Land  Co.  vs.  Imperial  Irr.  Dist.,  173  Cal.  668  ; 
MeDonough  vs.   Cooper,  179   Cal.   3S4. 

Rate  of  assessments,  how  ascertained. 

Sec.  60.  The  rate  of  assessments  levied  under  the  provisions  of  this 
act  shall  be  ascertained  by  deducting  fifteen  per  cent  for  anticipated 
delinquencies  from  the  aggregate  assessed  value  of  the  property  in  the 
district  as  it  appears  on  the  assessment  roll  for  the  current  year,  and 
then  dividing  the  sum  to  be  raised  by  the  remainder  of  such  aggregate 
assessed  value.  Special  assessments  shall  be  computed  and  entered  by 
the  secretary  and  collected  as  a  part  of  the  regular  assessment  levied 
hereunder,  and,  when  collected,  shall  be  paid  into  the  district  treasury 
for  the  purpose  or  purposes  specified  in  the  notices  calling  the  respective 
elections  at  which  they  were  voted.     (Stats.  1919,  p.  669.) 

McDonough  vs.  Cooper.  179  Cal.   384  ; 
Stevens  vs.  Melville   (Utah),  175  Pac.  602. 

INCURRING  INDEBTEDNESS. 

Power  to  incur  indebtedness  restricted. 

Sec.  61.  The  board  of  directors  or  other  officers  of  the  district  shall 
have  no  power  to  incur  any  debt  or  liability  whatever,  either  by  issuing 
bonds  or  otherwise,  in  excess  of  the  express  provisions  of  this  act;  and 
any  debt  or  liability  incurred  in  excess  of  such  express  provisions  shall 
be  and  remain  absolutely  void,  except  that  for  the  purposes  of  organiza- 
tion, or  for  any  of  the  purposes  of  this  act,  the  board  of  directors  may, 
before  the  levying  of  the  first  assessment,  incur  indebtedness  in  such 
sum  or  sums  as  shall  amount  to  two  thousand  dollars,  or,  if  the  district 
shall  contain  more  than  four  thousand  acres,  to  one-half  as  many 
dollars  as  there  are  acres  of  land  in  the  district,  and  may  cause  war- 
rants of  the  district  to  be  issued  therefor,  bearing  interest  at  not  more 
than  seven  per  centum  per  annum,  said  rate  to  be  fixed  by  the  board 
of  directors.  Each  such  warrant  shall  be  made  payable  on  a  date  not 
later  than  the  first  day  of  July  next  after  the  first  assessment  in  the 
district  shall  be  levied,  and  if  not  paid  when  presented  on  the  due  date 
or  thereafter  shall  be  registered  and  the  amount  due  thereon  shall  draw 
interest  as  provided  in  section  sixty-one  a  of  this  act.  Nothing  con- 
tained in  this  section  shall  be  construed  as  limiting  the  right  of  the 
board  to  enter  into  any  contract  or  lease  for  any  lands,  waters,  water 
rights  or  other  property  as  elsewhere  in  this  act  authorized  and  by 
such  lease  or  contract  to  bind  the  district  for  the  payment  of  the  con- 
sideration specified  in  such  lease  or  contract,  but  if  the  smallest 
payment  to  be  made  under  such  lease  or  contract  in  any  year  exceeds 
an  amount  equal  to  ten  cents  an  acre  for  all  the  land  in  the  district, 
such  lease  or  contract  shall  not  be  valid  unless  approved  by  the  com- 


56  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

mission  authorized  by  law  to  approve  the  bonds  of  irrigation  districts 
a&  legal  investments  for  savings  banks,  or  iml&ss  an  assessment  sufficient 
to  meet  all  the  payments  to  become  due  under  such  lease  or  contract 
shall  have  been  or  shall  be  authorized  for  that  purpose  in  accordance 
with  section  fifty-nine  of  this  act.     (Stats.  1921,  p.  1110.) 

Mitchell  vs.  Patterson,  120  Cal.  286,  293. 

Warrants  not  paid  to  draw  interest. 

Sec.  61a.  Whenever  any  warrant  of  the  district  payable  on  demand 
is  presented  to  the  treasurer  for  payment  when  funds  are  not  available 
for  the  payment  thereof,  it  shall  thereafter  draw  interest  at  a  rate  to  be 
determined  by  resolution  of  the  board  of  directors,  not.  however,  to 
exceed  seven  per  centum  per  annum,  until  public  notice  is  given  that 
such  funds  are  available.  Upon  the  presentation  of  any  such  warrants 
for  payment,  other  than  warrants  issued  under  the  provisions  of  sec- 
tion sixty-one  hereof,  Avhen  funds  of  the  district  are  not  available  to  pay 
the  same,  the  treasurer  of  the  district  shall  endorse  thereon  the  words 
"funds  not  available  for  payment,"  with  the  date  of  presentation  and 
shall  specify  the  interest  that  such  warrants  shall  thereafter  bear  and 
shall  sign  his  name  thereto.  He  shall  keep  a  record  showing  the 
number  and  amount  of  each  such  warrant,  the  date  of  its  issuance,  the 
person  in  whose  favor  it  was  issued,  and  the  date  of  its  presentation 
for  payment.  Whenever  there  is  sufficient  money  in  the  treasury  to 
pay  all  such  outstanding  warrants  or  whenever  the  board  of  directors 
shall  order  that  all  such  warrants  presented  for  payment  prior  to  a 
certain  date,  be  made  and  there  is  sufficient  money  available  for  such 
payments,  the  treasurer  shall  give  notice  in  some  newspaper  published 
in  the  district,  or,  if  none  is  published  tlierein,  then  in  some  newspaper 
published  in  the  county  in  which  the  district  or  any  portion  thereof  is 
situated,  or,  if  none  is  published  in  such  county,  then  the  treasurer 
shall  post  such  notice  conspicuously  in  the  place  in  which  the  board 
of  directors  of  the  district  holds  its  regular  meetings,  stating  that  he 
is  prepared  to  pay  all  warrants  of  the  district  for  the  payment  of  which 
funds  were  not  available  upon  their  original  presentation,  or  all  such 
warrants  which  were  presented  for  payment  prior  to  the  date  fixed  by 
the  board  of  directors,  as  the  case  may  be,  and  no  further  description 
of  the  warrants  entitled  to  payment  shall  be  made  in  such  notice.  Upon 
the  presentation  of  any  warrant  entitled  to  payment  under  the  terms 
of  such  notice,  the  treasurer  shall  pay  it,  together  with  interast  thereon 
at  the  rate  specified  by  the  board  of  directors,  from  tlie  date  of  its 
original  presentation  for  payment  to  the  date  of  the  first  publication 
or  posting  of  said  notice,  and  all  warrants  for  the  payment  of  which 
funds  are  declared  in  said  notice  to  be  available  shall  cease  to  draw 
interest  at  the  time  of  the  first  publication  or  posting  of  said  notice. 
The  treasurer  shall  enter  in  the  record  hereinbefore  required  to  be  kept, 
the  dates  of  the  payment  of  all  such  warrants,  the  names  of  the  persons 
to  whom  pavments  are  made  and  the  amount  paid  to  each  person. 
(Stats.  1915,'p.  1369.) 

Carter  vs.  TUghman,  119  Cal.  104-6. 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  57 

Directors  may  purchase  irrigation  works. 

Sec.  61h.  The  board  of  directors  of  irrig'ation  districts  may  acquire, 
by  purchase  or  condemnation,  the  irrigation  system,  canals  and  works 
through  which  lands  in  such  districts  have  been  or  may  be  supplied 
Avitli  water  for  irrigation^,  and  may  exchange  bonds  of  such  irrigation 
district  for  such  system  or  canals  or  works  or  for  any  portion  thei"eof, 
or  for  any  interest  therein  or  for  the  capital  stock  of  any  corporation 
OA\'ning  such  system  or  any  portion  thereof,  upon  such  terms  and  con- 
ditions as  the  said  board  of  directors  mav  deem  best.  (Stats.  1917, 
p.  769.) 

Exchange  of  bonds  for  property : 

Stiinsoii   vs.  AUescindro  Dist.,   135   Cal.   389; 

Hughson  vs.  Crane,  11.5  Cal.  404  ; 

Stoivell  vs.  Rialto  Dist.,  155  Cal.   215  ; 

Ham  vs.  Grapeland  Dist..  172  Cal.  611  ; 

Hooker  vs.  East  Riverside  Dist.,  3  8  Cal.  App.  615  ; 

Rialto  Dist.  vs.  Stoivell,  246  Fed.  294,  297  ; 

Baltes  vs.  Farmers  In:  Dist.   (Xebr.),  83  N.  W.  83  ; 

Wyman  vs.  Searles  (Xebr.),  128  X.  W.  801  ; 

O'Neil  vs.   Yellowstone  Dist.    (Mont.),   121  Pac.   283. 

Validity  of  contract  for  exchange  : 

Kiiikade  vs.  Witherop   (Wash.).  69  Pac.  399  : 
Board  of  Directors  vs.  Peterson  (Ore.),  128  Pac.  837. 

Determination  of  validity  of  bonds. 

Sec  61c.  Where  the  board  of  directors  of  an  irrigation  district 
have  exchanged  bonds  or  have  agreed  to  exchange  bonds  for  property 
rights  in  any  irrigation  system  or  works  or  for  any  interest  therein 
under  the  provisions  of  section  sixty-one  5  of  this  act,  the  court  shall, 
in  any  proceeding  brought  under  the  provisions  of  the  last  section,  by 
its  decree  determine  the  validity'  of  all  bonds  issued  or  to  be  issued 
under  any  contract  or  contracts  for  the  exchange  of  bonds  for  property 
interests  and  by  its  decree  shall  determine  whether  the  bonds  provided 
for  in  said  contracts,  when  delivered  to  the  person  or  corporation 
entitled  thereto  under  the  terms  of  any  such  contract,  shall  constitute 
valid  obligations  of  said  irrigation  district  as  against  all  persons. 
(Stats.  1915,  p.  1291.) 

GOVERNING  THE  USE  OF  WATER. 
When  the  volume  of  water  is  insufficient. 

Sec.  62.  In  case  the  volume  of  water  in  any  stream  or  river  .shall 
not  be  sufficient  to  supply  the  continual  wants  of  the  entire  country 
through  which  it  passes,  and  susceptible  of  irrigation  therefrom,  then  it 
shall  be  the  duty  of  the  water  commissioners,  constituted  as  hereinafter 
provided,  to  apportion,  in  a  just  and  equitable  proportion,  a  certain 
amount  of  said  water  upon  certain  or  alternate  weekly  days  to  dift'erent 
localities,  as  they  may,  in  their  judgment,  think  best  for  the  interest  of 
all  parties  concerned,  and  with  due  regard  to  the  legal  and  equitable 
rights  of  all.  Said  water  commissioners  shall  consist  of  the  chairman 
of  the  board  of  directors  of  each  of  the  districts  affected. 


^The  procedure  before  the  Railroad  Commission  for  the  valuation  of  the  property  of 
a  public  utility  in  condemnation  proceedings  instituted  by  a  district  is  prescribed  in 
sections  47  and  70  of  the  Public  Utilities  Act  (as  amended  by  Stats.  1917,  p.  261). 


58  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

Full  capacity  of  ditches. 

Sec.  63.  It  shall  be  the  duty  of  the  board  of  director.s  to  keep  the 
water  flowing  through  the  ditches  under  their  control  to  the  full 
capacity  of  such  ditches  in  times  of  high  water. 

Sec.  "64.     Repealed  Stats.  1917,  p.  915. 

Right  of  eminent  domain. 

Sec.  65.  Nothing  herein  contained  shall  be  deemed  to  authorize  any 
person  or  persons  to  divert  the  waters  of  any  river,  creek,  stream, 
canal,  or  ditch  from  its  channel,  to  the  detriment  of  any  person  or 
persons  having  any  interest  in  such  river,  creek,  stream,  canal,  or  ditch, 
or  the  waters  therein,  unless  previous  compensation  be  ascertained  and 
paid  therefor,  under  the  laws  of  this  state  authorizing  the  taking  of 
private  property  for  public  uses. 

See  Const.  Art.  I,  Sec.  14,  page  9  hereof. 

EXEMPTION  FROM  TAXATION— CREATION  OF  FUNDS. 

Exemption  of  property  from  taxation. 

Sec.  66.  The  rights  of  way,  ditches,  flumes,  pipe-lines,  dams,  water 
rights,  reservoirs,  and  other  property  of  like  character,  belonging  to 
any  irrigation  district  shall  not  be  taxed  for  state  and  county  or 
municipal  purposes. 

Constitution  of  California,  Sec.  1,  Art.  XIII ; 

Reclamation  Dist.  vs.  County  of  Sacramento,  134   Cal.  477  ; 
TnrJocJc  Irr.  Dist.  vs.   White,    (Cal.)    198  Fac.   1060. 

Funds  created. 

Sec.  67.  The  following  funds  are  hereby  created  and  established,  to 
which  the  moneys  properly  belonging  shall  be  apportioned,  to  wit :  bond 
fund,  construction  fund,  general  fund. 

Huffhson  vs.  Crane,  115  Cal.  404,  414. 

Unexpended  money. 

Sec.  67a.  Whenever  an  object  for  which  money  has  been  specifically 
provided  by  assessment  or  by  bond  issue  has  been  accomplished  and 
any  money  provided  therefor  remains  unexpended,  tlie  same  shall  in 
the  discretion  of  the  board  of  directors  be  transferred  to  the  general 
fund  and  thereafter  be  available  for  any  of  the  purposes  of  this  act. 
(Stats.  1917,  p.  769.) 

GENERAL  PROVISIONS. 
Action  to  determine  validity  of  bonds. 

Sec.  68.  The  board  of  directors  may,  at  any  time  after  the  issue 
of  any  bonds  or  the  levy  of  any  assessment  herein  provided  for,  bring 
an  action  in  the  superior  court  of  the  county  wherein  is  located  the 
office  of  such  board,  to  determine  the  validity  of  any  such  bonds  or 
such  levy  of  assessments;  such  action  shall  be  in  the  nature  of  a  pro- 
ceeding in  rem,,  and  jurisdiction  of  all  parties  interested  may  be  had 
by  publication  of  summons  for  at  least  once  a  week  for  three  weeks  in 
some  paper  of  general  circulation  published  in  the  county  where  the 


I 


CALIFORNIA   IRRIGATION    DISTRICT   LAWS,  59 

action  is  pending,  such  paper  to  be  designated  by  the  court  having 
jurisdiction  of  the  proceedings.  Jurisdiction  shall  be  complete  within 
ten  days  after  the  full  publication  of  such  summons  in  the  manner 
herein  provided.  Anyone  interested  may  at  any  time  before  the  expira- 
tion of  said  ten  days  appear  and  by  proper  proceedings  contest  the 
validity  of  such  bonds  or  assessments.  Such  action  shall  be  speedily 
tried  and  judgment  rendered  declaring  such  matter  so  contested  either 
valid  or  invalid.  Either  party  may  have  the  right  to  appeal  to  the 
supreme  court  at  any  time  within  thirty  days  after  the  rendition  of 
such  judgment,  which  appeal  must  be  heard  and  determined  within 
three  months  from  the  time  of  taking  such  appeal. 

Crall  vs.  Poso  Irr.  Dist.,  87  Cal.  140  ; 

Board  of  Directors  vs.  Tregea,  88  Cal.  334  ; 

In  re  Madera  Irr.  Dist.,  92  Cal.  296  : 

Rialto  Irr.  Dist.  vs.  Brandon,  103  Cal.  384; 

Cullen  vs.   Glendora  Water  Co.,  113  Cal.  805  ; 

In  re  Central  Irr.  Dist.,  117  Cal.   382  ; 

People  vs.  Li7ida  Vista,  Irr.  Dist..  12  8  Cal.  477  ; 

People  vs.  Perris  Irr.  Dist.,  132  Cal.  289  ; 

People  vs.  Perris  Irr.  Dist.,  142  Cal.  601  ; 

Western  Union  Tel.  Co.  vs.  Modesto  Dist.,  149  Cal.  662-6  ; 

Fogg  vs.  Perris  Dist.,  154  Cal.  209  ; 

Haese  vs.  Heitzig,  159  Cal.  569  ; 

In  re  Bonds  of  S.  San  Joaquin  Irr.  Dist.,  161  Cal.  345  ; 

Imperial  Water  Co.  vs.  Supervisors,  162  Cal.  14  ; 

Imperial  Land  Co.  vs.  Imperial  Dist.,  173  Cal.  660  ;  • 

Imperial  Land  Co.  vs.  Imperial  Dist.,  173  Cal.  668  : 

Black  Cam/on  Irr.  Dist.  vs.  Fallon  (Idaho),  122  Pac.  850  : 

Petition  of  Board  of  Directors  Unit  District  (Ore.),   178  Pac.   1S6-S. 

Assessment  payer  may  bring  action. 

Sec.  69.  If  no  such  proceedings  shall  have  been  brought  b}^  the 
board  of  directors,  then,  at  any  time  within  thirty  days  after  the  levy 
of  any  assessment  or  issue  of  any  bonds  under  the  provisions  of  this  act, 
any  district  assessment  payer  may  bring  an  action  in  the  superior 
court  of  the  county  where  the  office  of  the  board  of  directors  is  located, 
to  determine  the  validity  of  any  such  assessment  or  such  bonds.  The 
board  of  directors  shall  be  made  parties  defendant,  and  service  of  sum- 
mons shall  be  made  on  the  members  of  the  board  personally.  Said 
board  shall  have  the  right  to  appear  and  contest  such  action.  Such 
action  shall  be  speedily  tried,  with  the  right  of  appeal  to  either  party, 
within  the  time  and  manner  herein  provided  for  the  bringing  of  actions 
by  the  board  to  determine  such  matters.  Such  appeal  shall  be  heard 
and  determined  in  the  manner  and  within  the  time  therein  provided. 

Sechrist  vs.  Rialto  Irr.  Dist.,  129   Cal.   640  ; 

Henry  vs.  Vineland  Irr.  Dist.,  140  Cal.  376  ; 

Western  Union  Tel.  Co.  vs.  Modesto  Dist.,  149  Cal.  662-6; 

Imperial  Land  Co.  vs.  Imperial  Dist.,  173  Cal.  660  ; 

Imperial  Land  Co.  vs.  Imperial  Dist.,  173  Cal.  668  ; 

Gray  vs.  Cardiff  Irr.  Dist.,  34  C.  A.  D.  457. 

Consolidation  of  actions. 

Sec.  70.  If  more  than  one  action  shall  be  pending  at  the  same  time 
concerning  similar  contests  in  this  act  provided  for,  they  shall  be  con- 
solidated and  tried  together. 

Imperial  Land  Co.  vs.  Imperial  Dist.,  173  Cal.  660. 


60  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

Courts  must  disregard  errors,  etc.;  rules  of  pleading. 

Sec.  71.  The  court  hearing  any  of  the  contests  herein  provided  for, 
in  inquiring  into  the  regularity,  legality,  or  correctness  of  such  pro- 
ceedings, must  disregard  any  error,  irregularity,  or  omission  which  does 
not  affect  the  substantial  rights  of  the  parties  to  said  action  or  proceed- 
ing. The  rules  of  pleading  and  practice  provided  by  the  Code  of  Civil 
Procedure,  which  are  not  inconsistent  with  the  provisions  of  this  act, 
are  applicable  to  all  actions  or  proceedings  herein  provided  for.  The 
motion  for  a  new  trial  of  any  such  action  or  proceeding  must  be  heard 
and  determined  within  ten  days  from  the  filing  of  the  notice  of  inten- 
tion. The  costs  on  any  hearing,  or  contest  herein  provided  for,  may  be 
allowed  and  apportioned  between  the  parties,  or  taxed  to  the  losing 
party,  in  the  discretion  of  the  court. 

Pahndale  In:  Dist.  vs.  Eathke.  95  Cal.  538; 
Board  of  Directors  vs.  Ahila,  106  Cal.  365  ; 
Imperial  Land  Co.  vs.  Imperial  Dist.,  173  Cal.  660. 

Contests, 

Sec.  72.  No  contest  of  anything  or  matter  herein  provided  shall  be 
made  other  than  within  the  time  and  manner  herein  specified,  and  in 
any  such  action  all  findings  of  facts  or  conclusions  of  said  board  of 
directors,  or  of  the  board  of  supervisors  upon  all  matters  shall  be  con- 
clusive, unless  such  action  was  instituted  within  six  months  after  such 
finding  or  conclusion  was  made.     (Stats.  1915,  p.  1870.) 

Imperial  Land  Co.  vs.  Imperial  Dist.,  173  Cal.  660. 

Penalty  for  violation  of  duty.  « 

Sec.  7'"1  For, any  wilful  violation  of  any  express  duty  herein  pro- 
vided for,  on  the  part  of  any  officer  herein  named,  he  shall  be  liable 
ujion  his  official  bond,  and  be  subject  to  removal  from  office,  by  pro- 
ceedings brought  in  the  superior  court  of  the  county  wherein  the  office 
of  the  board  of  directors  of  the  district  is  located,  by  any  assessment 
payer  of  the  district ;  but  no  officer  of  an  irrigation  district  shall  be 
personally  liable  for  any  damage  resulting  from  the  operations  of  the 
district  or  from  the  negligence  or  misconduct  of  any  of  its  officers  or 
employees  unless  such  damage  was  proximately  caused  by  the  officer's 
own  negligence  or  misconduct  or  by  his  wilful  violation  of  official  duty. 
(Stats.  1921,  p.  849.) 

Kerr  vs.  Superior  Court,  130  Cal.  183. 

Applicability  of  Sec.   165  of  the  Penal  Code: 

People  vs.   Tnrnhull,  93  Cal.  630. 
As  to  recall,  see  section  2  84,  p.  30  hereof. 

EXCLUSION  OF  LANDS. 
Boundaries  may  be  changed  to  exclude  lands. 

Sec.  74.  The  boundaries  of  any  irrigation  district  now  organized  or 
hereafter  organized  under  the  provision  of  this  act,  may  be  changed, 
and  tracts  of  land  which  were  included  within  the  boundaries  of  such 
district  at  or  after  its  organization  under  the  provisions  of  said  act, 
may  be  excluded  therefrom,  in  the  manner  herein  prescribed;  but 
neither  such  change  of  the  l)oundaries  of  the  districts  nor  such  exclusion 
of  lands  from  the  district  shajl  impair  or  affect  its  organization,  or  its 


C-VLIFORXIA    IRRIGATION    DISTRICT    LAWS.  61 

right  in  or  to  property,  or  any  of  its  rights  or  privileges  of  wliatever 
kind  or  natnre:  nor  shall  it  affect,  impair,  or  discharge  any  contract, 
obligation,  lien,  or  charge  for  or  npon  which  said  district  was  and  may 
become  liable  or  chargeable,  had  such  change  of  its  boundaries  not  been 
made,  or  had  not  such  land  been  excludecl  from  the  district. 

Board  of  Directors  vs.  Tregea,  88  Cal.  334-356; 
Herring  v«.  Modesto  Dist.,  95  Fed.  705. 

Petition  of  owners  for  exclusion  of  land. 

Sec.  75.  The  owner  or  owners  in  fee  of  one  or  more  tracts  of  land 
which  constitute  a  portion  of  an  irrigation  district  may  jointly  or  sev- 
erally file  with  the  board  of  directors  of  the  district  a  petition,  praying 
that  such  tract  or  tracts,  and  any  other  tracts  contiguous  thereto,  may 
be  excluded  and  taken  from  said  district.  The  petition  shall  state  the 
grounds  and  reasons  upon  which  it  is  claimed  that  such  lands  should  be 
excluded  and  shall  describe  the  boundaries  thereof,  and  also  the  lands 
of  .such  petitioner  or  petitioners  which  are  included  within  such  bounda- 
ries; but  the  description  of  such  lands  need  not  be  more  particular  or 
certain  than  is  retpiired  when  the  lands  are  entered  in  the  assessment 
book  by  the  county  asses.sor.  Such  petition  must  be  acknowledged  in 
the  same  manner  and  form  a.s  is  reipiired  in  the  case  of  a  conveyance 
of  land,  and  the  acknowledgment  shall  have  tlie  same  force  and  effect 
as  evidence  as  the  acknowledgment  of  such  a  conveyance. 

Harelson  vs.  South  San  Joaquin  In:  Dist..  20  Cal.  App.  324. 

Publication  of  filing  of  petition;  contests  of  notice. 

Sec.  76.  The  secretary  of  the  board  of  directors  shall  cause  a  notice 
of  the  filing  of  such  petition  to  be  published  for  at  least  two  weeks  in 
some  newspaper  published  in  the  county  where  the  office  of  the  board 
of  directors  is  situated,  and  if  any  portion  of  such  territory'  to  be 
excluded  lie  within  another  county  or  counties,  then  said  notice  shall 
be  so  published  in  a  newspaper  published  within  each  of  said  counties ; 
or  if  no  newspaper  be  published  therein,  then  by  posting  such  notice 
for  the  same  time  in  at  least  three  public  places  in  said  district,  and 
in  case  of  the  posting  of  said  notices,  one  of  said  notices  must  be  so 
posted  on  the  lands  propo.sed  to  be  excluded.  The  notice  shall  state  the 
tiling  of  such  petition,  the  names  of  the  petitioners,  a  description  of 
the  lands  mentioned  in  said  petition,  and  the  prayer  of  said  petition ; 
and  it  shall  notify  all  persons  interested  in.  or  who  may  be  affected  by 
>ucli  change  of  the  boundaries  of  the  district,  to  appear  at  the  office  of 
.said  board  at  a  time  named  in  said  notice,  and  show  cause,  in  writing, 
if  any  they  have,  why  the  change  of  the  boundaries  of  said  district,  as 
proposed  in  said  petition,  should  not  be  made.  The  time  to  be  specified 
in  the  notice  at  which  they  shall  be  required  to  show  cause  .shall  be  the 
regular  meeting  of  the  board  next  after  the  expiration  of  the  time  for 
the  publication  of  the  notice. 

.Harelson  vs.  South  San  Joaquin  Irr.  Dist.,  20  Cal.  App.  324. 


62  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

Hearing  of  petition;  failure  to  show  cause  deemed  assent. 

Sec.  77.  The  board  of  directors,  at  the  time  and  place  mentioned  in 
the  notice,  or  at  the  time  or  times  to  which  the  hearing  of  said  petition 
may  be  adjourned,  shall  proceed  to  hear  the  petition,  and  all  evidence 
or  proofs  that  may  or  shall  be  introduced  by  or  on  behalf  of  the  peti- 
tioner or  petitionei-s,  and  all  objections  to  such  petition  that  may  or 
shall  be  presented  in-  writing  by  any  person  showing  cause  as  aforesaid, 
and  all  evidence  and  proofs  that  may  be  introduced  in  support  of  such 
objections.  Such  evidence  shall  be  taken  down  in  shorthand,  and  a 
record  made  thereof  and  filed  with  the  board.  The  failure  of  any 
person  interested  in  said  district,  other  than  the  holders  of  bonds  thereof 
outstanding  at  the  time  of  the  filing  of  said  petition  with  said  board,  to 
show  cause,  in  writing,  why  the  tract  or  tracts  of  land  mentioned  in 
said  petition  should  not  be  excluded  from  said  di-strict,  shall  be  deemed 
and  taken  as  an  assent  by  him  to  the  exclusion  of  such  tract  or  tracts  of 
land,  or  any  part  thereof,  from  said  district ;  and  the  filing  of  such 
petition  with  said  board,  as  aforesaid,  shall  be  deemed  and  taken  as  an 
assent  by  each  and  all  such  petitioners  to  the  exclusion  from  such  district 
of  the  lands  mentioned  in  the  petition,  or  any  part  thereof.  The 
expenses  of  giving  said  notice  and  of  the  aforesaid  proceeding  shall  be 
paid  by  the  person  or  persons  filing  such  petition. 

Harelson  vs.  South  San  Joaquin  Irr.   Dist.,  20  Cal.   App.   .'?24. 

Power  of  board  to  exclude  land  from  district. 

Sec.  78.  If,  upon  the  hearing  of  any  such  petition,  no  evidence  or 
proofs  in  support  thereof  be  introduced,  or  if  the  evidence  fail  to 
sustain  said  petition,  or  if  the  board  deem  it  not  for  the  best  interest 
of  the  district  that  the  lands,  or  some  portion  thereof,  mentioned  in 
the  petition,  should  be  excluded  from  the  district,  the  board  shall  order 
that  said  petition  be  denied  as  to  such  lands;  but  if  the  said  board 
deem  it  for  the  best  interest  of  the  district  that  the  lands  mentioned  in 
the  petition,  or  some  portion  thereof,  be  excluded  from  the  district,  and 
if  no  person  interested  in  the  district  show  cause  in  writing  why  the 
said  lands  or  some  portion  thereof,  should  not  be  excluded  from  the 
district,  or  if,  having  shown  cause,  withdraws  the  same,  or  upon  the 
hearing  fails  to  establish  such  objections  as  he  may  have  made,  then  it 
shall  be  the  duty  of  the  board  to,  and  it  shall  forthwith,  make  an  order 
that  the  lands  mentioned  and  described  in  the  petition,  or  some  defined 
portion  thereof,  be  excluded  from  said  district;  provided,  that  it  shall 
be  the  duty  of  said  board  to  so  order,  upon  petition  therefor  as  afore- 
said, that  all  lands  so  petitioned  to  be  excluded  from  said  district  shall 
be  excluded  therefrom,  which  can  not  be  irrigated  from,  or  which  are 
not  susceptible  to,  irrigation  from  a  common  source  or  by  the  same 
system  of  works  with  the  other  lands  of  said  .district,  or  from  the 
source  selected,  chosen,  or  provided,  or  the  system  adopted  for  the 
irrigation  of  the  lands  in  said  district,  or  which  are  already  irrigated, 
or  entitled  to  be  irrigated,  from  another  source  or  by  another  system 
of  irrigation  works;  provided,  that  no  land  irrigated  by  means  of  water, 
pumped  from  an  underground  source  or  sources  shall  be  entitled  to 
exclusion  from  any  irrigation  district  on  account  of  being  so  irrigated, 
if  it  shall  be  shown  that  such  land  is  or  will  be  substantially  benefited  by 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  63 

subirrigation  from  the  works  of  said  district  or  by  drainage  works 
provided  or  required  by  hiw  to  be  provided  by  said  district,  but  no 
Q-RTier  of  land  in  any  irrigation  district  shall  be  required  to  pay  any 
assessment,  except  for  the  payment  of  interest  and  principal  due  on 
bonds  of  the  district,  on  any  land  in  such  district  which,  when  the 
district  was  organized,  was  irrigated  by  means  of  water  pumped  from 
an  underground  source  or  sources  and  has  continued  each  year  to  be 
irrigated  exclusively  by  such  means.     (Stats.  1915,  p.  836.) 

Harelson  vs.  South  San  Joaquin  Irr.  Dist..  20   Gal.  App.   324  ; 
Board  of  Directors  vs.  Tregea,  88  Cal.  334. 

Assent  of  bondholders;  release  from  lien. 

Sec.  79.  If  there  be  outstanding  bonds  of  the  district  at  the  time  of 
the  filing  of  said  petition,  the  holdei-s  of  such  outstanding  bonds  may 
give  their  assent,  in  writing,  to  the  effect  that  they  severally  consent 
that  the  lands  mentioned  in  the  petition,  or  such  portion  thereof  as 
may  be  excluded  from  said  district  by  order  of  said  board,  or  the 
decree  of  the  superior  court  as  hereinafter  provided,  may  be  excluded 
from  the  district ;  and  if  said  lands,  or  am^  portion  thej'eof ,  be  thereafter 
excluded  from  the  district,  the  lands  so  excluded  shall  be  released  from 
the  lien  of  such  outstanding  bonds.  The  as-sent  must  be  acknowledged 
by  the  several  holders  of  such  bonds  in  the  same  manner  and  form  as 
is  required  in  case  of  a  conveyance  of  land,  and  the  acknowledgment 
shall  have  the  same  force  and  effect  as  evidence  as  the  acknowledgment 
of  such  conveyance.  The  assent  shall  be  filed  with  the  board,  and  must 
be  recorded  in  the  minutes  of  the  board ;  and  said  minutes,  or  a  copy 
thereof,  certified  by  the  secretary  of  said  board,  shall  be  admissible  in 
evidence,  with  the  same  effect  as  the  said  assent,  and  such  certified  copy 
thereof  may  be  recorded  in  the  office  of  the  county  recorder  of  the 
county  wherein  said  lands  are  situated. 

Change  of  boundaries  to  be  recorded;  organization  not  affected. 

Sec.  80.  In  the  event  the  said  board  of  directors  shall  exclude  any 
lauds  from  said  district  upon  petition  therefor,  it  shall  be  the  duty  of 
the  board  of  directors  to  make  an  entry  in  the  minutes  of  the  board, 
describing  the  boundaries  of  the  district,  should  the  exclusion  of  said 
lands  from  said  district  change  the  boundaries  of  said  district,  and  for 
that  purpose  the  board  may  cause  a  survey  to  be  made  of  such  portions 
of  the  district  as  the  board  may  deem  necessary ;  and  a  certified  copy  of 
the  entry  in  the  minutes  of  the  board  excluding  any  land,  certified  by 
the  president  and  secretary  of  the  board,  shall  be  filed  for  record  iii  the 
recorder's  office  of  each  county  within  which  are  situated  any  of  the 
lands  of  the  district ;  but  said  district,  notwithstandiug  such  exclusion, 
shall  be  and  remain  an  irrigation  district  as  fully,  to  every  intent  and 
purpose,  as  it  would  be  had  no  (Change  been  made  in  the  boundaries  of 
the  district,  or  had  the  lands  excluded  therefrom  never  constituted  a 
portion  of  the  district. 

Office  of  director  of  excluded  division  declared  vacant. 

Sec.  81.  If  the  lands  excluded  from  any  district  under  this  act  shall 
embrace  the  greater  portion  of  any  division  or  di\dsions  of  such  dis- 
trict, then  the  office  of  director  for  such  division  or  divisions  shall 


64  CALIFORNIA    IRRIGATION    DISTRICT    LAWS. 

become  and  be  vacant  at  the  expiration  of  ten  days  from  the  final 
order  of  the  board  exelndinsi  said  lands;  and  sueli  vacancy  or  vacancies 
shall  be  filled  by  appointment  by  the  board  of  supervisors  of  the  county 
where  the  office  of  such  board  is  situated,  from  the  district  at  large. 
A  director  appointed  as  above  provided,  shall  hold  his  office  until  the 
next  regular  election  for  said  district,  and  until  his  successor  is  elected 
and  qualified. 

Division  of  district. 

Sec.  82.  In  case  land  is  excluded  from  any  district,  the  board  of 
directors  thereof,  if  they  deem  it  desirable,  but  not  less  than  thirty 
days  before  any  election  in  such  district,  may  reestablish  the  boundaries 
of  the  divisions  and  election  precincts  within  such  district.  (Stats. 
1921,  p.  860.) 

Rights  of  guardian,  administrator  or  executor. 

Sec.  83.  A  guardian  and  executor,  or  an  administrator  of  an  estate, 
who  is  appointed  as  such  under  the  laws  of  this  state,  and  who,  as 
such  guardian,  executor,  or  administrator,  is  entitled  to  the  possession 
of  the  lands  belonging  to  the  estate  which  he  represents,  may,  on  behalf 
of  his  ward,  or  the  estate  v;hich  he  represents,  upon  being  thereto 
properly  authorized  by  the  proper  court,  sign  and  acknowledge  the 
petition  in  this  act  mentioned,  and  may  show  cause,  as  in  this  act 
provided,'  why  the  boundaries  of  the  district  should  not  be  changed. 

Lands  excluded  not  released  from  liabilities  for  indebtedness. 

Sec.  84.  Nothing  in  this  act  provided  shall,  in  any  manner,  operate 
to  release  any  of  the  lands  so  excluded  from  the  district  from  any 
obligation  to  pay.  or  any  lien  thereon,  of  any  valid  outstanding  bonds 
or  other  indebtedness  of  said  district  at  the  time  of  the  filing  of  said 
petition  for  the  exclusion  of  said  lands,  but  upon  the  contrary,  said 
lands  shall  be  held  subject  to  said  lien,  and  answerable  and  chargeable 
for  and  with  the  payment  and  discharge  of  all  of  said  outstanding 
obligations  at  the  time  of  the  filing  of  the  petition  for  the  exclusion 
of  said  land,  as  fully  as  though  said  petition  for  such  exclusion  were 
never  filed  and  said  order  or  decree  of. exclusion  never  made;  and  for 
the  purpose  of  discharging  such  outstanding  indelitedness,  said  lands 
so  excluded  shall  be  deemed  and  considered  as,  part  of  said  irrigation 
district  the  same  as  though  said  petition  for  its  exclusion  had  never 
been  filed  or  said  order  or  decree  of  exclusion  never  made ;  and  all 
provisions  which  may  have  been  resorted  to  to  compel  the  payment  by 
said  lands  of  its  quota  or  portion  of  said  outstanding  obligations,  had 
said  exclusion  never  been  accomplished,  may,  notwithstanding  said 
exclusion,  be  resorted  to  to  compel  and  enforce  the  pajTnent  on  the 
part  of  said  lands  of  its  quota  and  poi»tion  of  said  outstanding  obliga- 
tions of  said  irrigation  district  for  which  it  is  liable,  as  herein  provided. 
But  said  land  so  excluded  shall  not  be  held  answerable  or  chargeable 
for  any  obligation  of  any  nature  or  kind  whatever,  incurred  after  the 
filing  with  the  board  of  directors  of  said  district  of  the  petition  for 
the  exclusion  of  said  lands  from  the  said  district ;  provided,  that  the 
provisions  of  this  section  shall  not  apply  to  any  outstanding  bonds,  the 
holders  of  which  have  assented  to  the  exclusion  of  such  lands  from  said 
district,  as  hereinbefore  provided. 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  65 

INCLUSION  OF  LANDS. 

Boundaries  may  be  changed  to  include  lands. 

Sec.  85.  The  boundaries  of  any  irrigation  district  now  organized  or 
hereafter  organized  under  the  provisions  of  this  act  may  be  changed  in 
the  manner  herein  prescribed;  but  such  change  of  the  boundaries  of 
the  district  shall  not  impair  or  affect  its  organization,  or  its  rights  in 
or  to  property,  or  any  of  its  rights  or  privileges  of  whatsoever  kind  or 
nature ;  nor  shall  it  affect,  impair,  or  discharge  any  contract,  obligation, 
lien,  or  charge  for  or  upon  which  it  was  or  might  become  liable  or 
chargeable,  had  such  change  of  its  boundaries  not  been  made. 

Procedure  for  inclusion  of  lands. 

Sec.  86.  The  holder  or  holders,  of  title,  or  evidence  of  title,  repre- 
senting one-half  or  more  of  any  body  of  lands  adjacent  to  the  boundary 
of  an  irrigation  district,  which  are  contiguous,  and  which,  taken 
together,  constitute  one  tract  of  land,  may  file  with  the  board  of 
directors  of  said  district  a  petition,  in  writing,  praying  that  the  bound- 
aries of  said  district  may  be  so  changed  as  to  include  therein  said  lands. 
The  petition  shall  describe  the  boundaries  of  said  parcel  or  tract  of 
land,  and  shall  also  describe  the  boundaries  of  the  several  parcels  owned 
by  the  petitioners,  if  the  petitioners  be  the  owners,  respectively,  of 
distinct  parcels,  but  such  descriptions  need  not  be  more  particular  than 
they  are  required  to  be  when  such  lands  are  entered  by  the  county 
assessor  in  the  assessment  book.  Such  petition  must  contain  the  assent 
of  the  petitioners  to  the  inclusion  within  said  district  of  the  parcels  or 
tracts  of  land  described  in  the  petition,  and  of  which  said  petition 
alleges  they  are,  respectively,  the  owners ;  and  it  must  be  acknowledged 
in  the  same  manner  that  conveyances  of  land  are  required  to  be 
acknowledged. 

People  vs.  Cardiff  In:  Dist.,  34  C.  A.  D.  451. 

Notice  of  filing  of  petition. 

Sec.  87.  The  secretary  of  the  board  of  directors  shall  cause  a  notice 
of  the  filing  of  such  petition  to  be  given  and  published  in  the  same  man- 
ner and  for  the  same  time  that  notices  of  special  elections  for  the  issue 
of  bonds  are  required  by  this  act  to  be  published.  The  notice  shall 
state  the  filing  of  such  petition  and  the  names  of  the  petitioners,  a 
description  of  the  lands  mentioned  in  said  petition,  and  the  prayer  of 
said  petition ;  and  it  shall  notify  all  persons  interested  in,  or  that  may 
be  affected  by  such  change  of  the  boundaries  of  the  district,  to  appear 
at  the  office  of  said  board,  at  a  time  named  in  said  notice,  and  show 
cause  in  writing,  if  any  they  have,  why  the  change  in  the  boundaries 
of  said  district,  as  proposed  in  said  petition,  should  not  be  made. 
The  time  to  be  specified  in  the  notice  at  which  they  shall  be  required 
to  show  cause  shall  be  the  regular  meeting  of  the  board  next  after  the 
expiration  of  the  time  for  the  publication  of  the  notice.  The  petitioners 
shall  advance  to  the  secretary  sufficient  money  to  pay  the  estimated 
costs  of  all  proceedings  under  this  act. 


5—16169 


66  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

Hearing  of  petition. 

Sec.  88.  The  board  of  directors,  at  the  time  and  place  mentioned  in 
the  said  notice,  or  at  such  other  time  or  times  to  which  the  hearing  of 
said  petition  may  be  adjonrned,  shall  proceed  to  hear  the  petition, 
and  all  the  objections  thereto,  presented  in  writing  by  any  person 
showing  cause  as  aforesaid  why  said  proposed  change  of  the  boundaries 
of  the  district  should  not  be  made.  The  failure  by  any  person  inter- 
ested in  said  district,  or  in  the  matter  of  the  proposed  change  of  its 
boundaries,  to  show  cause,  in  writing,  as  aforesaid,  shall  be  deemed 
and  taken  as  an  assent  on  his  parrt  to  a  change  of  the  boundaries  of  the 
district  as  prayed  for  in  said  petition,  or  to  such  a  change  thereof  as 
will  include  a  part  of  said  lands.  And  the  filing  of  such  petition  with 
said  board,  as  aforesaid,  shall  be  deemed  and  taken  as  an  assent  on  the 
part  of  each  and  all  of  such  petitioners  to  such  a  change  of  said 
boundaries  that  tliey  may  include  the  whole  or  any  portion  of  the 
lands  described  in  said  petition. 

Condition  precedent. 

Sec.  89.  The  board  of  directors  to  whom  such  petition  is  presented, 
may  require,  as  a  condition  precedent  to  the  granting  of  the  same,  that 
the  petitioners  shall  severally  pay  to  such  district  such  respective  sums, 
as  nearly  as  the  same  can  be  estimated  (the  several  amounts  to  be 
determined  by  the  board),  as  said  petitioners  or  their  grantors  would 
have  been  required  to  pay  to  such  district  as  assessments,  had  such 
lands  been  included  in  such  district  at  the  time  the  same  was  originally 
formed. 

Nile  Irr.  Dist.  vs.  G.  S.  Co.,  248  Fed.  861. 

Change  in  boundaries. 

Sec.  90.  If  the  board  of  directors  deem  it  for  the  best  interest  of 
the  district  that  the  boundaries  of  the  district  be  changed  as  proposed 
and  if  no  protest  against  such  change  is  made  as  provided  in  section 
ninety-one  of  this  act,  or  if  such  protest  be  made  and  enough  signatures 
be  withdrawn  therefrom  so  that  said  protest  is  no  longer  sufficient,  the 
board  shall  order  that  the  boundaries  of  the  district  be  changed  so  as 
to  include  therein  the  lands  described  in  said  petition,  or  such  portion 
thereof  as  the  board  shall  find  will  be  benefited  by  such  inclusion.  The 
order  shall  describe  the  boundaries  as  changed  and  shall  also  describe 
the  entire  boundaries  of  the  district  as  they  will  be  after  the  change 
thereof  as  aforesaid  is  made ;  and  for  that  purpose  the  board  may  cause 
a  survey  to  be  made  of  such  portions  of  such  boundaries  as  is  deemed 
necessary;  provided,  however,  that  any  public  land  of  the  United  States 
of  America  adjoining  the  boundaries  of  any  irrigation  district  may  be 
included  within  the  boundaries  of  any  such  irrigation  district  by  order 
or  resolution  of  the  board  of  directors  of  such  district  without  any 
petition  being  filed  asking  for  such  inclusion;  and  provided,  further, 
that  when  additional  land  is  included  within  any  irrigation  district  and 
the  board  of  directors  of  such  district  finds  either  that  such  inclusion 
without  condition  would  work  an  injury  to  the  land  already  in  the 
district,  either  by  an  impairment  of  water  rights  or  by  requiring  a 
greater  expense  for  furnishing   water  to   the   lands   proposed  to   be 


CALIFORNIA    IRRIGATION   DISTRICT   LAWS.  67 

included,  the  board  may  pre>icribe  conditions  upon  such  inchision  of 
land,  either  by  providing  for  priority  of  right  to  Avater  or  for  the  pay- 
ment of  an  additional  annual  charge,  or  such  other  conditions  as  may 
to  the  board  seem  just.  If  such  inclusion  is  upon  petition  of  property 
owners,  all  such  property  owners  shall  sign  and  acknowledge  an  agree- 
ment with  the  district,  specifying  such  conditions  and  describing  the 
land  so  to  be  included.  Such  agreement  must  be  recorded  in  the  office 
of  the  county  recorder  of  the  county  in  which  such  lands  are  situated, 
together  with  a  certified  copy  of  the  order  including  such  lands,  and 
thereupon  such  lands  shall  become  a  part  of  such  irrigation  district 
subject  to  such  conditions.     (Stats.  1921,  p.  999.) 

Resolution  describing  boundaries. 

Sec.  91.  If  a  protest  against  the  inclusion  of  such  lands,  signed  by 
not  less  than  three  per  cent  of  the  holders  of  title  or  evidence  of  title 
to  lands  within  the  district  and  holding  the  title  or  evidence  of  title 
to  not  les.s  than  three  per  cent  in  value  of  the  lands  within  the  district 
according  to  the  last  ecpialized  assessment  roll  of  said  district,  shall 
have  been  presented  to  the  board  of  directors  and  upon  the  hearing 
of  said  matter  said  protest  shall  not  be  withdrawn,  or  after  the  with- 
drawal therefrom  of  any  signatures  it  .shall  still  be  signed  by  not  less 
than  three  per  cent  of  the  holders  of  title  or  evidence  of  title  to  lands 
within  the  district  and  holding  the  title  or  evidence  of  title  to  not  less 
than  three  per  cent  in  value  of  the  lands  within  the  district  according 
to  the  last  ecpialized  assessment  roll  of  said  district,  or  if  the  board  of 
directors  deem  it  not  for  the  best  interests  of  the  district  to  include 
therein  the  lands  described  in  said  petition  for  inclusion,  or  any  of 
them,  the  board  shall  adopt  a  resolution  stating  the  facts  and  describing 
the  boundary  of  the  tract  of  land  proposed  to  be  included  in  the 
district;  but  before  calling  the  election  provided  for  in  the  next  section, 
the  board  may  require  an  undertaking,  with  sufficient  sureties,  from 
the  petitioners  for  the  inclusion  of  said  land  conditioned  that  the  peti- 
tioners or  the  sureties  will  pay  all  the  costs  of  holding  such  election 
in  case  such  inclusion  shall  be  denied.     (Stats.  1921^  p.  1000.) 

Notice  of  election;  ballots. 

Sec.  92.  Upon  the  adoption  of  the  resolution  mentioned  in  the  last 
preceding  section,  the  board  shall  order  that  an  election  be  held  within 
said  district,  to  determine  whether  the  l)oundaries  of  the  district  shall 
be  changed  as  mentioned  in  said  resolution ;  and  shall  fix  the  time  at 
which  .such  election  shall  be  held,  and  cause  notice  thereof  to  be  given 
and  published.  Such  notice  shall  be  given  and  published,  and  such 
election  shall  be  held  and  conducted,  the  returns  thereof  shall  be  made 
and  canvassed,  and  the  result  of  the  election  ascertained  and  declared 
and  all  things  pertaining  thereto  conducted  in  the  manner  prescribed  by 
said  act  in  ease  of  a  special  election  to  determine  whether  bonds  of  an 
irrigation  district  .shall  be  issued.  The  l)allots  cast  at  said  election 
shall  contain  the  words  "For  change  of  boundary,"  or  "Against  change 
of  boundar>',"  or  words  equivalent  thereto.  The  notice  of  election 
.shall  describe  the  proposed  change  of  the  lioundaries  in  such  manner 
and  terms  that  it  can  readily  be  traced. 


68  CALIFORNIA    IRRIGATION   DISTRICT   LAWS, 

Majority  vote  to  decide  election. 

Sec.  93.  If  at  such  election  a  majority  of  all  the  votes  east  at  said 
election  shall  be  against  such  change  of  the  boundaries  of  the  district, 
the  board  shall  order  that  said  petition  be  denied,  and  shall  proceed 
no  further  in  that  matter.  But  if  a  majority  of  such  votes  be  in  favor 
of  such  change  of  the  boundaries  of  the  district,  the  board  shall  there- 
upon order  that  the  boundaries  be  changed  in  accordance  with  said  reso- 
lution adopted  by  the  board.  The  said  order  shall  describe  the  entire 
boundaries  of  said  district,  and  for  that  purpose  the  board  may  cause  a 
survey  of  such  portions  thereof  to  be  made  as  the  board  may  deem 
necessary. 

Order  of  board  to  be  recorded. 

Sec.  94.  Upon  a  change  of  the  boundaries  of  a  district  being  made, 
a  copy  of  the  order  of  the  board  of  directors  ordering  such  change, 
certified  by  the  president  and  secretary  of  the  board,  shall  be  filed  for 
record  in  the  recorder's  office  of  each  county  within  which  are  situated 
any  of  the  lands  of  the  district,  and  thereupon  the  district  shall  be  and 
remain  an  irrigation  district,  as  fully,  and  to  every  intent  and  purpose, 
as  if  the  lands  which  are  included  in  the  district  by  the  change  of  the 
boundaries,  as  aforesaid,  had  been  included  therein  at  the  original 
organization  of  the  district. 

Recording  petition  in  minutes. 

Sec.  95.  Upon  the  filing  of  the  copies  of  the  order,  as  in  the  last 
preceding  section  mentioned,  the  secretary  .shall  record  in  the  minutes 
of  the  board  the  petition  aforesaid ;  and  the  said  minutes,  or  a  certified 
copy  thereof,  shall  be  admissible  in  evidence,  with  the  same  effect  as  the 
petition. 

Rights  of  guardians,  executors  and  administrators. 

Sec.  96.  A  guardian,  an  executor,  or  an  administrator  of  an  estate, 
M'ho  is  appointed  as  such  under  the  laws  of  this  state,  and  who,  as 
such  guardian,  executor,  or  administrator,  is  entitled  to  the  possession 
of  the  lands  belonging  to  the  estate  which  he  represents,  may,  on  behalf 
of  his  ward,  or  the  estate  which  he  represents,  upon  being  thereunto 
authorized  by  the  proper  court,  sign  and  acknowledge  the  petition  in 
this  act  mentioned,  and  may  show  cause,  as  in  this  act  mentioned,  why 
the  boundaries  of  the  district  should  not  be  changed. 

Redivision  of  district. 

Sec.  97.  In  ease  land  is  included  within  any  district  as  aforesaid, 
the  board  of  directors  thereof  shall,  but  not  less  than  thirty  days  before 
any  election  in  such  district,  reestablish  the  boundaries  of  the  divisions 
and  election  precincts  within  sucli  district,  so  as  to  include  such  land 
therein  and  so  as  to  make  such  divisions  as  nearly  equal  in  size  and 
population  as  may  be  practicable.  In  case  of  the  inclusion  of  any  land 
less  than  thirty  days  before  an  election  within  such  district,  the  inhabi- 
tants of  the  land  so  included  shall  not  be  entitled  to  vote  at  such  election. 
(Stats.  1921,  p.  861.) 


CALIFORNIA    IRRIGATION   DISTRICT   LAWS.  69 

REDUCTION  OF  BONDED  INDEBTEDNESS. 

Election  on  question  of  reducing  bonded  indebtedness. 

Sec.  98.  Whenever  the  board  of  directors  of  an  irrigation  district 
heretofore  organized,  or  hereafter  organized  under  the  provisions  of 
this  act,  shall  determine  that  the  authorized  bonded  indebtedness  of 
such  irrigation  district  is  greater  than  such  district  is  liable  to  need 
to  complete  its  system  as  planned,  and  there  be  no  outstanding  bonds, 
the  board  of  directors  may  call  a  special  election  for  the  purpose  of 
voting  upon  a  proposition  to  reduce  such  bonded  indebtedness  to  such 
sum  as  the  board  may  determine  to  be  sufficient  for  such  purpose. 

Notice  of  election;  ballots. 

Sec.  99.  Notice  of  the  said  election  shall  be  given  in  the  same  manner 
as  provided  in  section  thirty  of  said  act,  in  relation  to  calling  special 
elections  for  issuance  of  bonds.  The  notice  of  election  must  state  the 
amount  of  the  authorized  bonded  indebtedness  of  such  district,  and  the 
amount  to  which  it  is  proposed  to  reduce  the  same;  also,  the  date  on 
which  said  election,  will  be  held,  and  the  polling  places,  as  established, 
by  said  board  of  directors.  The  ballots  cast  at  said  election  shall  con- 
tain the  words  ' '  For  reducing  bonds — Yes, "  or  "  For  reducing  bonds — 
No."  When  the  vote  is  canvassed  by  the  board  of  directors  and  entered 
of  record,  if  a  majority  of  the  votes  cast  shall  be  "For  reducing  bonds — 
Yes,"  then  in  that  event  the  board  of  directors  shall  only^be  empow^ered 
to  issue  or  sell  such  amount  of  bonds  as  was  stipulated  in  the  said 
notice  of  such  special  election;  but  if  a  majorit}'  of  said  votes  are  not 
"For  reducing  bonds — Yes,"  then  the  authority  to  issue  bonds  shall 
remain  the  same  as  before  said  special  election  was  held. 

Assent  of  bondholders. 

Sec.  99^.  In  case  there  be  outstanding  bonds  of  any  district  desiring 
to  take  advantage  of  the  provisions  of  this  act  concerning  reduction  of 
bonded-'iudebtedness,  the  assent  of  such  bondholders  may  be  obtained 
to  such  reduction  of  the  bonded  indebtedness,  in  the  same  manner  as 
provided  in  section  seventy-nine  of  this  act.  If  such  assent  is  obtained 
in  the  manner  therein  provided,  then,  and  in  that  event,  such  district 
shall  be  empowered  to  take  advantage  of  all  the  provisions  of  this  act, 
but  not  otherwise.  No  reduction  of  the  bonded  indebtedness,  as  in  this 
act  provided,  shall  in  any  manner  affect  any  order  of  court  that  may 
have  been  made,  adjudicating  and  confirming  the  validity  of  said  bonds. 

LEASE  OF  WATER. 

Authority  of  board  to  lease. 

Sec.  100.  Whenever  any  irrigation  district,  heretofore  organized,  or 
hereafter  organized  under  the  provisions  of  this  act,  in  the  development 
of  its  works  as  by  law  provided,  may  have  opportunity,  without 
increased  expenditure,  to  utilize  the  water  by  it  owned  or  controlled, 
for  mechanical  purposes  not  inconsistent  with  the  provisions  of  said 
act,  the  board  of  directors  may  lease  the  same,  as  in  this  act  hereinafter 
provided. 


70  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

Manner  of  procedure. 

Sec.  101.  Whenever  the  board  of  directors  may  desire  to  lease  the 
use  of  water,  as  hereinbefore  stated,  they  shall  pass  a  resolution  of 
intention  to  so  lease  the  same.  Immediately  thereafter  the  secretary 
shall  cause  notice  of  such  intention  to  be  given  by  publication  in  one 
newspaper  published  in  each  county  in  which  lands  of  the  district  are 
situated,  for  at  least  twenty  days  (provided,  a  newspaper  is  published 
therein,  otherwise  in  any  newspaper  the  board  of  directors  may  select), 
and,  if  the  board  thinks  proper  in  such  other  newspapers  as  may  be 
deemed  advisable,  calling  for  bids  for  the  leasing  of  said  water  for  the 
purposes  hereinbefore  mentioned.  Said  notice  shall  state  that  the  board 
will  receive  sealed  proposals  therefor,  that  the  lease  will  be  let  to  the 
highest  responsible  bidder,  stating  the  time  and  place  of  opening  said 
proposals. 

Opening  proposals. 

Sec.  102.  At  the  time  and  place  appointed  the  board  shall  proceed 
to  open  the  proposals  in  pu])lie.  As  soon  thereafter  as  may  be  con- 
venient the  board  sliall  let  said  lease  in  portions,  or  as  a  whole,  to  the 
highest  responsible  bidder,  or  they  may  reject  any  or  all  bids,  and 
readvertise  for  proposals  for  the  same. 

Rentals. 

Sec.  103.  Tlie  rental  accraing  upon  said  lease  may  vary  from  year 
to  year,  as  shall  be  specified  in  said  lease,  and  shall  be  payable  semi- 
annually, on  the  thirtieth  day  of  December  and  thirtieth  day  of  June 
of  each  year.  All  moneys  collected,  as  in  this  act  provided,  shall  be 
paid  into  the  treasury,  and  be  apportioned  to  such  funds  as  may  be 
deemed  advisable. 

Length  of  lease;  forfeiture. 

Sec.  104.  The  board  shall  have  power,  as  in  this  act  provided,  to 
execute  a  lease  for  any  period  not  exceeding  twenty-five  years.  If  at 
any  time  the  rental  shall  not  l)e  paid  on  the  days  hereinbefore  mentioned, 
the  amount  of  such  rental  then  due  shall  be  doubled,  and  if  not  paid 
within  ninety  days  thereafter,  the  said  lease  shall  be  forfeited  to  said 
district,  together  with  any  and  all  works  constructed,  owned,  used,  or 
controlled  by  said  lessee. 

Bond  of  lessee. 

Sec.  105.  Upon  the  letting  of  any  lease,  as  in  this  act  provided,  the 
board  may  require  the  lessee  to  execute  a  bond  for  the  faithful  per- 
formance of  the  covenants  of  said  lease,  or  give  such  other  evidence 
of  good  faith  as  in  their  judgment  may  be  necessary. 

DESTRUCTION  OF  UNSOLD  BONDS. 

Election  on  question  of  destroying  unsold  bonds. 

Sec.  lOG.  Whenever  there  remains  in  the  hands  of  the  board  of 
directors  •of  any  irrigation  district  heretofore  organized,  or  organized 
under  the  provisions  of  this  act,  after  the  completion  of  its  ditch  system, 
and  the  payment  of  all  demands  against  such  district,  any  bonds  voted 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  71 

to  be  issued  by  said  district,  but  not  sold,  and  not  necessary  to  be  sold 
for  the  raising  of  funds  for  the  use  of  such  district,  said  board  of 
directors  may  call  a  special  election  for  the  purpose  of  voting  upon  a 
l)roposition  to  destroy  said  unsold  bonds,  or  so  many  of  them  as  may  be 
deemed  best,  or  may  submit  such  proposition  at  a  general  election. 

Notice  of  election;  ballots. 

Sec.  107.  Such  election  shall  be  held  in  the  same  manner  as  other 
elections  held  under  the  provisions  of  this  act.  A  notice  of  such  election 
shall  be  given  in  the  same  manner  as  provided  in  section  thirty  of  this 
act  in  relation  to  calling  special  elections  for  the  issuance  of  bonds. 
The  notice  of  election  must  state  the  amount  of  the  bonded  indebtedness 
of  such  district  authorized  by  the  vote  of  the  district,  the  amount  of 
the  bonds  remaining  unsold,  and  the  amount  proposed  to  be  destroyed, 
and  the  date  on  which  such  election  is  proposed  to  be  held,  and  the 
polling  places  as  fixed  by  the  board  of  directors.  The  ballots  to  be  cast 
at  such  election  shall  contain  the  words  "For  destroying  bonds — Yes," 
and  "For  destroying  bonds — No,"  and  the  voter  must  erase  the  word 
"No"  in  case  he  favors  the  destruction  of  bonds,  otherwise  the  word 
"Yes." 

Two-thirds  majority  required. 

Sec.  108.  When  the  vote  is  canvassed  by  the  board  of  directors  and 
entered  of  record,  if  a  two-thirds  majority  of  the  votes  east  should  be 
found  to  be  in  favor  of  the  destruction  of  said  bonds,  then  the  president 
of  the  board,  in  the  presence  of  a  majority  of  the  members  of  the  board, 
must  destroy  the  bonds  so  voted  to  be  destroyed;  and  the  total  amount 
of  bonds  so  destroyed  and  canceled  shall  be  deducted  from  the  sum 
authorized  to  be  issued  by  the  electors  of  said  district,  and  no  part 
thereof  shall  thereafter  be  reprinted  or  reissued. 

SAVING  CLAUSES. 
Existing  districts  and  existing  rights  not  affected. 

Sec.  109.  Nothing  in  this  act  shall  be  so  construed  as  to  affect  the 
validity  of  any  district  heretofore  organized  under  the  laws  of  this 
state,  or  its  rights  in  or  to  property,  or  any  of  its  rights  or  privileges 
of  whatsoever  kind  or  nature ;  but  said  districts  are  hereby  made 
subject  to  the  provisions  of  this  act  so  far  as  applicable ;  nor  shall  it 
affect,  impair,  or  discharge  any  contract,  obligation,  lien,  or  charge  for, 
or  upon  which  it  was  or  might  become  liable  or  chargeable  had  not  this 
act  been  passed ;  nor  .shall  it  affect  the  validity  of  any  bonds  which 
have  been  issued  but  not  sold ;  nor  shall  it  affect  any  action  which  now 
may  be  pending. 

Tulare  Irr.  Dist.  vs.  Collins^  154  Cal.  440-2  ; 
Board  of  Supervisors  vs.  Thompson,  122  Fed.  860-2. 

Name  of  district.  • 

Sec.  109a.  The  name  of  any  district  hereafter  organized  hereunder 
shall  contain  either  the  words  "irrigation  district"  or  "water  con- 
servation district."  Any  district  heretofore  or  hereafter  organized 
and  existing,  the  name  of  which  shall  include  the  words  "irrigation 


72  CALIF0RNL4.   IRRIGATION   DISTRICT   LAWS. 

district"  may  change  its  said  name  by  substituting  for  the  word 
"irrigation,"  "\A-ater  conservation"  by  filing  with  the  board  of  super- 
visors with  which  was  filed  the  original  petition  for  the  organization  of 
the  district,  a  certified  copy  of  a  resolution  of  its  board  of  directors 
adopted  by  the  unanimous  vote  of  all  the  members  of  said  board  at  a 
regular  meeting  thereof  providing  for  such  change  of  name :  and  there- 
after all  proceedings  of  such  district  shall  be  had  under  such  changed 
name,  but  all  existing  obligations  and  contracts  of  the  district  entered 
into  under  its  former  name  shall  remain  outstanding  without  change 
and  with  the  validity  thereof  unimpaired  and  uuatfected  bv  such  change 
of  name.     (Stats.  1921,  p.  1110.) 

Effect  on  prior  acts. 

Sec.  110.  Nothing  in  this  act  shall  be  construed  as  repealing  or  in 
any  Avise  modifying  the  provisions  of  any  other  act  relating  to  the 
subject  of  irrigation  or  water  commissioners,  except  such  as  may  be 
contained  in  the  act,  an  act  entitled  an  act  to  provide  for  the  organiza- 
tion and  government  of  irrigation  districts,  and  to  provide  for  the 
acquisition  of  water  and  other  property,  and  for  the  distribution  of 
water  thereby  for  irrigation  purposes,  approved  March  seventh,  eighteen 
hundred  and  eighty-seven,  and  the  subsequent  acts  supplementary 
thereto,  and  amendatory  thereof,  all  of  which  acts,  so  far  as  they  may 
be  inconsistent  herewith,  are  hereby  repealed. 

Board  of  Supervisors  vs.   Thompson,  122  Fed.   860. 

Time  of  taking  effect. 

Sec.  111.  This  act  shall  take  effect  from  and  after  its  passage  and 
approval. 

Title  of  act. 

Sec.  112.     This  act  may  be  referred  to  in  any  action,  proceeding 
or  legislative  enactment   as  "the   California  irrigation   district  act. 
(Stats.  1919,  p.  669.) 

Constitutionality : 

Act  is  constitutional. 

Turlock  Irrigation  District  vs.  WiUiams.  76  Cal.  360  ; 

Board  of  Directors  vs.  Tregea,  88  Cal.  334  ; 

In  re  Madera  Irrigation  District.  92  Cal.  296  ; 

In  re  Central  Irrigation  District,  117  Cal.  382  ; 

Matter  of  Bonds  of  Sovth  San  Joacjuin  Irrigation  District,  161  Cal.  345  ; 

Fallbrook  Irrigation  District  vs.  Bradley,  164  U.  S.  112,  41  L.  Ed.  369. 

Public  corporation  : 

Irrigation  district  is  public  corporation  or  quasi  corporation. 

Tin-lock  Irrigation  District  vs.   Williams,  76  Cal.  360  ; 
Central  Irrigation  District  vs.  DcLappe,  79  Cal.  351  ; 
Crall  vs.  Poso  Irrigation  District,  87  Cal.   140  ; 
In  re  Madera  Irrigation  District,  92  Cal.  296  ; 
People  vs.  Sebna  Irrigation  District,  98  Cal.  206  ; 
People  v.s.   TuvnbuU.  93   Cal.   630; 
Tulare  Irrigation  District  vs.  Collins,  154  Cal.  440  ; 
Bettencourt  vs.  Industrial  Accident  Commission,   175   Cal.   559; 
Turlock  In:  Dist.  vs.  White  (Cal),  198  Pac.  1060; 
'People  vs.  Cardiff  Irr.  Dist..  34  C.  A.  D.  451  ; 
Lindsay-Strathmore  Irr.  Dist.  vs.  Superior  Court,  182  Cal.  315. 


J  J 


CALIFORNIA    IRRIGATION   DISTRICT   LAWS.  73 

Validity  of  organization  : 

May  not  be  questioned  by  private  party. 

Miller  vs.  Ferris  Irrigation  District,  85  Fed.   693. 

Can  not  be  attacked  collaterally. 

Quint  vs.  Hoffman,  103  Cal.  .506: 

Knowles  vs.  Netc  Siceden  Irrigation  District   (Idaho),  101  Pac.   81  ; 
Quintan  vs.  Equitable  Investment  Company,  196  Fed.  314  ; 
Tulare  Irrigation  District  vs.  Shepard,  185  IT.  S.  1. 

District  may  not  plead  the  illegality  of  its  own  organization  to  defeat  payment 
of  bonds. 

Herring  vs.  Modesto  Irrigation  District,  95  Fed.  705  ; 
Tulare  Irrigation  District  vs.  Shepard,  185  U.  S.  1. 

Construction  of  act : 

Act  should  be  so  construed  as  to  effectuate  its  purpose  to  facilitate  the  economic 
and  permanent  reclamation  of  arid  lands. 

Jennison   vs.  Redfield,  149  Cal.  500  ; 

Nampa  and  Meridian  Irrigation  Disti'ict  vs.  Petrie  (Idaho),  153  Pac.  425; 

Colburn  vs.  Wilson  et  al.  (Idaho),  132  Pac.  579. 

ASSESSMENTS,  PAYMENT  IN  TWO   INSTALLMENTS. 

An  act  to  permit  hoards  of  dirrcfor.s  or  irrigation  districts  organized  or 
existing  under  and  hy  virtue  of  an  act  of  the  legislature,  entitled 
"An  act  to  provide  for  the  organization  and  government  of  irriga- 
tion districts,  and  to  provide  for  the  acquisition  or  construction 
therchy  of  works  for  the  irrigation  of  the  lands  embraced  within 
such  districts,  and  also  to  provide  for  the  distribution  of  water  for 
irrigation  purposes,"  approved  March  31,  1897 ;  to  provide  for  the 
payment  in  two  installments  of  the  assessments  levied  under  and  in 
accordance  with  the  provisions  of  said  act. 

(Approved  March  19,  1909,  Stats.  1909,  p.  415.) 

Payment  of  assessments  in  two  installments. 

Section  1.  It  shall  be  lawful  for  boards  of  directors  of  irrigation 
districts,  organized  or  existing  under  or  by  virtue  of  an  act  of  the  legis- 
lature, entitled  "An  act  to  provide  for  the  organization  and  govern- 
ment of  irrigation  districts,  and  to  provide  for  the  aecinisition  or  con- 
struction thereby  of  works  for  the  irrigation  of  lands  embraced  within 
such  districts  and  also,  to  provide  for  the  distribution  of  water  for 
irrigation  purposes";  approved  March  31,  1897;  to  provide  for  the 
payment  of  asse&sments  levied  in  accordance  with  the  provision  of 
said  act,  in  two  installments. 

Resolution  by  directors. 

Sec.  2.  The  directors  of  any  such  irrigation  district  may,  whenever 
they  shall  so  determine,  and  must  upon  a  petition  in  writing,  signed 
by  a  majority  of  the  a&sessment  payers  within  such  district,  pass  a 
resolution  providing  that  thereafter  all  assessments,  except  special  assess- 
ments provided  for  by  section  thirty-four  of  .said  act  of  1897,  shall  be 
payable  in  two  in.stallments,  and  in  said  resolution  shall  specify  when 
such  payments  may  be  made. 


74  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

Time  of  passing  or  rescinding  resolution. 

Sec.  3.  Such  resolution  must  be  passed  before  the  first  Monday  in 
August,  and  can  not  be  rescinded  to  take  effect  during  any  year  after 
the  first  Monday  of  March  in  that  year. 

When  assessments  become  delinquent. 

Sec.  4.  Whenever  the  board  of  directors  of  such  irrigation  district 
shall  have  so  determined,  thereafter  one-half  of  the  assessments  levied 
within  such  district  shall  become  delinquent  at  six  o'clock  p.m.  on  the 
last  Monday  of  December,  and  one-half  thereof  shall  become  delinquent 
at  six  p.m.  on  the  last  Monday  of  June  next  thereafter ;  provided,  that 
where  an  assessment  has  been  levied  as  provided  in  section  34  of  said 
act  the  M'hole  of  such  assessment  shall  become  delinquent  on  the  last 
Monday  in  December. 

Effect  of  act. 

Sec.  5.  When  provision  is  made,  as  herein  provided,  for  the  payment 
of  said  assessments  in  two  instalhnents,  the  publication  of  the  delinquent 
list  provided  for  in  said  act,  shall  not  be  made  before  the  first  day  of 
July,  but  must  be  made  on  or  before  the  first  day  of  August,  and  except 
as  otherwise  herein  provided  all  of  the  provisions  of  said  irrigation  act 
or  acts  not  inconsistent  with  this  act  relative  to  the  assessment,  pay- 
ment and  collection  of  assessments,  notice  of  assessments,  publication 
of  delin(|uent  list,  and  sale  for  delinquent  assessment,  and  all  other 
provisions  relative  to  such  assessments  shall  be  applicable,  and  the  only 
effect  of  this  act  shall  be  to  permit  the  payment  of  such  assessments  in 
two  intallments,  and  to  postpone  the  notice  of  sale  and  sale  provided 
for  in  said  act  until  after  the  first  day  of  July,  and  when  sale  is  made 
at  the  time  lierein  specified  it  shall  have  the  same  effect  as  though  made 
at  the  time  and  in  the  manner  specified  in  said  act  of  1897. 

ASSESSMENT  OF  PUBLIC  LANDS  SUBJECT  TO  ENTRY. 

An  act  to  promote  the  reclmruition  of  arid  laiid  and  to  provide  that 
certain  land  belonging  to  the  State  of  California,  within  the  bound- 
aries of  an  irrigation  district  shall  he  subject  to  the  assessments 
levied  in  said  district. 

(Approved  May  25,   1917,  Stats.   1917,  p.   936.) 

State  lands  in  district  to  be  assessed. 

Section  1.  Whenever  there  shall  be  included  in  any  irrigation  dis- 
trict organized  and  existing  under  the  laws  of  this  state,  public  lands 
belonging  to  the  state  subject  to  entry,  or  which  have  been  entered,  and 
for  which  no  certificates  of  purchase  have  been  issued,  such  lands  are 
hereby  made  and  declared  to  be  subject  to  all  of  the  provisions  of  law 
-relating  to  the  organization,  government  and  regulation  of  irrigation 
districts  to  the  same  extent  and  in  the  same  manner  in  which  the  lands 
of  a  like  character  held  under  private  ownership  are  or  may  be  subject 
to  such  law;  provided,  however,  that  nothing  herein  contained  shall  be 
construed  as  creating  any  obligation  against  the  State  of  California  to 
pay  any  of  said  charges,  assessment  or  debt. 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  75 

Notice  served  on  surveyor  general. 

Sec.  2.  All  notices  required  by  the  act  under  which  such  district  is 
organized  shall,  as  soon  as  such  notices  are  issued,  be  served  upon  the 
surveyor  general  of  the  State  of  California  by  mailing  to  his  office  a 
copy  thereof  enclosed  in  a  sealed  envelope  with  postage  prepaid. 

Assessment  a  lien.  ' 

Sec.  3.  No  public  lands  which  were  unentered  at  the  time  any 
assessment  was  levied  against  the  same  by  such  irrigation  district  shall 
be  sold  for  such  assessment,  but  such  assessment  shall  be  and  continue 
a  lien  upon  such  land,  and  no  patent  shall  issue  therefor  until  the 
applicant  shall  present  a  certificate  from  the  proper  district  officer 
showing  that  no  unpaid  assessments  or  charges  are  due  and  delinquent 
against  said  land. 

BOND  CERTIFICATION  COMMISSION. 

An  act  relating  to  bonds  of  irrigation  districts,  providing  under  ivhat 
circumstances  such  bonds  shall  be  legal  investments  for  funds  of 
banks,  insurance  companies  and  trust  companies,  trust  funds,  stat& 
school  fluids  and  any  money  or  funds  which  may  now  or  hereafter 
be  invested  in  bonds  of  cities,  cities  and  counties,  counties,  school 
districts  or  municipalities,  and  providing  under  what  circumstances 
the  use  of  bonds  of  irrigation  districts  as  security  for  the  perform- 
ance of  any  act  may  be  authorized. 

(Approved  June  13,  1913,  Stats.  1913,  p.  778.  Amended  Stats.,  1915,  p.  692  ;  1917, 

p.  582  ;  1919,  p.  1207  ;  1921,  p.  1198.) 

Resolution  declaring  bonds  available  as  legal  investments. 

Section  1.  Whenever  the  board  of  directors  of  any  irrigation  dis- 
trict organized  and  existing  under  and  pursuant  to  the  laws  of  the  State 
of  California  shall  by  resolution  declare  that  it  deems  it  desirable  that 
any  contemplated  or  outstanding  bonds  of  said  district,  including  any 
of  its  bonds  authorized  but  not  sold,  shall  be  made  available  for  the 
purposes  provided  for  in  section  seven  of  this  act,  the  said  board  of 
directors  shall  thereupon  file  a  certified  copy  of  such  resolution  with 
the  commission  hereinafter  provided  for. 

Report  of  irrigation  district  bond  commission. 

Sec.  2.  Such  commission,  upon  the  receipt  of  a  certified  copy  of  such 
resolution,  shall,  without  delay,  make  or  cause  to  be  made  an  investiga- 
tion of  the  affairs  of  the  district  and  report  in  writing  upon  such  mat- 
ters as  it  may  deem  essential,  and  particularly  upon  the  following 
points : 

(a)  The  supply  of  water  available  for  the  project  and  the  right  of 
the  district  to  so  much  water  as  may  be  needed. 

(b)  The  nature  of  the  soil  as  to  its  fertility  and  susceptibility  to 
irrigation,  the  probable  amount  of  water  needed  for  its  irrigation  and 
the  probable  need  of  drainage. 

(c)  The  feasibility  of  tlie  district's  irrigation  system  and  of  the 
specific  project  for  which  the  bonds  under  consideration  are  desired  or 
have  been  iLsed,  whether  such  system  and  project  be  constructed,  pro- 
jected or  partially  completed. 


76  CALIFORNLl   IRRIGATION    DISTRICT   LAWS. 

(d)  The  reasonable  market  value  of  the  water,  water  rights,  canals, 
reservoirs,  reservoir  sites  and  irrigation  works  owned  by  sueh  district 
or  to  be  acquired  or  constructed  by  it  with  the  proceeds  of  any  of  such 
bonds. 

(e)  The  reasonable  market  value  of  the  lands  included  within  the 
boundaries  of  the  district. 

(/)  Whether  or  not  the  aggregate  amount  of  the  bonds  under  con- 
sideration and  any  other  outstanding  bonds  of  said  district,  including 
bonds  authorized  but  not  sold,  exceeds  sixty  per  centum  of  the  aggre- 
gate market  value  of  the  lands  ^nthin  said  district  and  of  the  water, 
water  rights,  canal,  reservoirs,  reservoir  sites,  and  irrigation  works 
owned,  or  to  be  acquired  or  constructed  with  the  proceeds  of  any  of 
said  bonds,  by  said  district,  as  determined  in  accordance  with  para- 
graphs (d)  and  (e)  in  this  section. 

(g)  The  numbers,  date  or  dates  of  issue  and  denominations  of  the 
bonds,  if  any,  M^hich  the  commission  shall  find  are  available  for  the  pur- 
poses provided  for  in  section  seven  of  this  act,  and,  if  the  investigation 
has  covered  contemplated  bonds,  the  total  amount  of  bonds  which  the 
district  can  issue  witbout  exceeding  the  limitation  expressed  in  para- 
graph (/■)  of  this  section. 

Certification  by  state  controller. 

Sec.  3.  The  written  report  of  the  investigation  herein  provided  for 
shall  be  filed  in  the  office  of  the  state  controller,  and  a  copy  of  said 
report  shall  by  the  commission  be  forwarded  to  the  secretary  of  the 
district  for  which  the  investigation  shall  have  been  made,  and  if  said 
commission  shall  have  found,  as  set  out  in  said  report,  that  the  irrigation 
sj'stem  of  the  district  and  the  specific  project  for  which  the  bonds  under 
consideration  are  desired  or  have  been  used,  whether  such  project  be 
constructed,  projected  or  partially  completed,  are  feasible  and  that  the 
aggregate  amount  of  tlie  bonds  under  consideration  and  any  other  out- 
standing bonds  of  said  district,  including  bonds  authorized  but  not 
sold,  does  not  exceed  sixty  per  centum  of  the  aggregate  market  value  of 
the  lands  within  said  district  and  of  the  water,  water  rights,  canals, 
reservoirs,  re-ervoir  sites,  and  irrigation  works  owned  or  to  be  acquired 
or  constructed  with  the  proceeds  of  any  of  said  bonds  by  said  district, 
the  bonds  of  such  irrigation  district,  as  described  and  enumerated  in 
said  report  filed  with  the  state  controller,  shall  be  certified  by  the  state 
controller,  as  hereinafter  provided  for.  If  the  commission  shall  be 
notified  by  the  board  of  directors  of  any  district  whose  irrigation  system 
has  been  found  in  sueh  report  to  be  feasible  that  the  district  has  issued 
bonds  and  the  commission  sliall  find  that  said  bonds  are  for  any  project 
or  projects  approved  in  sueh  report  and  that  the  amount  of  said  bonds 
does  not  exceed  the  limitation  stated  in  such  report,  the  commission 
shall  prepare  and  file  with  the  state  controller  a  supplementary  report 
giving  the  number.'^,  date  or  dates  of  issue  and  denominations  of  said 
bonds,  which  shall  then  be  entitled  to  certification  by  the  state  con- 
troller as  hereinafter  provided  for.  Subsequent  issues  of  bonds  may 
be  made  available  for  the  purposes  specified  in  this  act  upon  like  pro- 
ceedings by  said  district,  but.  after  any  of  the  bonds  of  an  irrigation 
district  have  been  enumerated  and  described  as  entitled  to  certification 


CALIFORNLV   IRRIGATION   DISTRICT   LAWS.  77 

hy  the  state  controller  as  herein  provided  for.  it  shall  be  unlawful  for 
that  district  to  issue  bonds  that  will  not  be  entitled  to  such  certifieation. 
It  is  hereby  made  the  duty  of  the  state  controller  to  provide  for  filing 
and  preserving  the  reports  mentioned  in  this  section  and,  also,  to  make, 
keep  and  preserve  a  record  of  the  bonds  certified  by  him  in  accordance 
with  the  provisions  of  section  four  of  this  act,  including  the  date  of 
certifieation,  the  legal  title  of  the  district,  the  niunber  of  each  bond,  its 
par  value,  the  date  of  its  issue  and  that  of  its  maturity. 

Provisions  of  section  two  directory. 

Sec.  3a.  The  provisions  of  section  two  of  this  act  as  to  the  points 
upon  which  said  commission  shall  report  are  directory  merely  and  the 
board  may  authorize  such  certification  when  in  their  opinion,  subject 
to  the  provisions  otherwise  contained  in  this  act,  their  findings  justify 
such  action.     (Stats.  1917,  p.  583.) 

No  expenditures  without  consent  of  commission. 

Sec.  31).  Whenever  the  bonds  of  any  irrigation  district  have  been 
certified  as  provided  in  this  act,  no  expenditures  shall  be  made  from  the 
proceeds  of  such  bonds,  nor  shall  any  liability  to  be  met  from  such 
proceeds  be  incurred,  until  there  shall  have  been  filed  with  and  approved 
by  said  commission  such  a  schedule  of  proposed  expenditures  of  such 
proceeds  as  may  be  necessary  to  set  forth  to  the  satisfaction  of  said 
commission  the  plan  proposed  for  carrying  out  the  purposes  for  which 
said  bonds  were  authorized,  or  such  of  said  purpo^as  as  the  district  may, 
at  the  time  of  filing  such  schedule,  desire  to  proceed  with ;  and  no 
expenditures  from  the  proceeds  of  said  bonds  shall  be  made  for  any 
purpose  not  specified  in  such  approved  schedule  or  for  any  approved 
purpose  in  excess  of  the  amount  allowed  therefor  in  such  schedule 
without  the  consent  of  said  commission ;  nor  shall  any  expense  of  any 
kind  be  incurred  in  excess  of  money  actuall}'  provided  by  levy  of  assess- 
ment or  otherwise  except  as  provided  in  section  fifty-nine  of  the  Cali- 
fornia irrigation  district  act.  During  the  progress  of  any  work  to  be 
paid  for  from  the  proceeds  of  any  bond  issue  certified  as  in  this  act 
provided,  the  department  of  engineering,  on  behalf  of  the  commission 
herein  authorized,  shall  make  from  time  to  time,  at  the  expense  of  the 
district,  such  inspection  of  the  work  as  may  be  necessary  to  enable  the 
said  department  to  know  that  the  plans  approved  by  the  commission  are 
being  carried  out  without  material  modification  unless  such  modification 
has  been  approved  by  said  commission.     (Stats.  1921,  p.  1198.) 

Certification  of  bonds  as  needed. 

Sec.  3c.  Whenever  the  survey,  examinations,  drawings  and  plans 
of  an  irrigation  district,  and  the  estimate  of  cost  based  thereon,  shall 
provide  that  the  works  necessary  for  a  completed  project  shall  be  con- 
structed progressively  over  a  period  of  years  in  accordance  with  section 
thirty  of  the  California  irrigation  district  act,  and  in  accordance  with 
a  plan  or  schedule  adopted  by  resolution  of  the  board  of  directors  of 
the  district,  it  shall  not  be  necessary  for  the  commission  to  certify  at 
one  time  all  of  the  bonds  that  have  been  voted  for  the  said  completed, 
project ;  but  such  bonds  may  be  certified  from  time  to  time  as  needed  by 


78  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

the  district.  If  the  commission  shall  certify  all  of  the  bonds  necessary 
for  the  said  completed  project,  even  if  said  project  is  to  be  constructed 
progressively  over  a  period  of  years  in  accordance  with  the  aforesaid 
resolution  of  the  board  of  directors,  the  bonds  so  voted  and  certified 
shall  only  be  sold  after  prior  written  approval  of  the  commission. 
(Stats.  1919,  p.  1207.) 

Form  of  controller's  certificate. 

Sec.  4.  AVhenever  any  bond  of  an  irrigation  district  organized  and 
existing  as  aforesaid,  including  any  bond  authorized  in  any  such  dis- 
trict but  not  sold,  which  shall  be  eligible  to  certification  by  the  state 
controller  under  section  three  of  this  act,  shall  be  presented  to  the  state 
controller,  lie  shall  cause  to  be  attached  thereto  a  certificate  in  sub- 
stantially the  following  form : 

Sacramento,  Cal., (insert  date). 

I, ,  controller  of  the  State  of  California, 

do  hereby  certify  that  the  within  bond.  No. of  issue  No. 

of  the irrigation  district,  issued 

(insert  date),  is,  in  accordance  with  an  act  of  the  legislature  of  Cali- 
fornia approved ,  a  legal  investment  for  all  trust 

funds  and  for  the  funds  of  all  insurance  companies,  banks,  both  com- 
mercial and  savings,  trust  companies,  the  state  school  funds  and  any 
funds  which  may  be  invested  in  county,  municipal  or  school  district 
bonds,  and  it  may  be  deposited  as  security  for  the  performance  of  any 
act  whenever  the  bonds  of  any  county,  city,  city  and  county,  or  school 
district  may  be  so  deposited,  it  being  entitled  to  such  privileges  by 
virtue  of  an  examination  by  the  state  engineer,  the  attorney  general 
and  the  superintendent  of  banks  of  the  State  of  California  in  pursuance 
of  said  act.  The  within  bond  may  also,  according  to  the  constitution  of 
the  State  of  California,  be  used  as  security  for  the  deposit  of  public 
money  in  banks  in  said  state. 


Controller  of  State  of  California. 


In  case  of  a  change  in  the  constitution  or  any  of  the  laws  of  this 
state  relating  to  the  bonds  of  irrigation  districts,  the  state  controller 
shall,  if  necessary,  modify  the  above  certificate  so  that  it  shall  conform 
to  the  facts. 

A  facsimile  of  the  controller's  signature,  printed  or  otherwise, 
impressed  upon  said  certificate  shall  be  a  sufficient  signing  thereof; 
provided,  that  the  imprint  of  the  controller's  seal  thereon  shall  appear 
upon  both  the  certificate  and  the  bond  over  and  through  the  printed 
signature.     (Stats.  1915,  p.  692.) 

Irrigation  district  bond  certification  commission  created. 

Sec.  5.  The  attorney  general,  the  state  engineer  and  the  superin- 
tendent of  banks  are  hereby  constituted  the  California  bond  certification 
commission,  being  the  commission  herein  provided  for,  and  said  com- 
mission shall  elect  one  of  its  members  chairman  and  may  employ  such 
clerks  and  assistants  as  may  be  necessaiy  for  the  performance  of  the 
duties  herein  imposed,  and  may  fix  the  compensation  to  be  paid  to  such 
clerks  and  assistants.     (Stats.  1921,  p.  1199.) 


CALIFORNIA    IRRIGATION   DISTRICT   LAWS.  79 

Expenses. 

Sec.  6.  All  necessary  expenses  incurred  in  nialdng  the  investigation 
and  report  in  this  act  provided  for  shall  be  paid  as  the  commission 
may  require  by  the  irrigation  district  whose  property  has  been  investi- 
gated and  reported  on  by  the  said  connuLssion ;  provided,  that  the 
benefit  of  any  services  that  may  have  been  performed  and  any  data 
that  may  have  been  obtained  by  any  member  of  said  commission  or  any 
other  public  official  in  pursuance  of  the  requirements  of  any  law  other 
than  this  act,  shall  be  available  for  the  use  of  the  commission  herein 
provided  for  without  charge  to  the  district  whose  affaire  are  under 
investigation. 

Bonds  certified  legal  investments  for  trust  funds,  etc. 

Sec.  7.  All  bonds  certified  in  accordance  with  the  terms  of  this  act 
shall  be  legal  investments  for  all  trust  funds,  and  for  the  funds  of  all 
insurance  companies,  banks,  both  commercial  and  sa\dngs,  and  trust 
companies,  and  for  the  state  school  funds,  and  whenever  any  money  or 
funds  may,  by  law  now  or  hereafter  enacted,  be  invested  in  bonds 
of  cities,  cities  and  counties,  counties,  school  districts,  or  municipalities 
in  the  State  of  California,  such  money  or  funds  may  be  invested  in 
the  said  bonds  of  irrigation  districts,  and  whenever  bonds  of  cities, 
cities  and  counties,  counties,  school  districts  or  municipalities  may  by 
any  law  now  or  hereafter  enacted  be  used  as  security  for  the  perform- 
ance of  any  act,  bonds  of  irrigation  districts  under  the  limitations  in 
this  act  provided  may  be  so  used.^  This  act  is  intended  to  be  and  shall 
be  considered  the  latest  enactment  upon  the  matters  herein  contained, 
and  any  and  all  acts  in  conflict  with  the  proi-isions  hereof  are  hereby 
repealed. 

"Irrigation"  includes  "water  conservation." 

Sec.  8.  The  words  "irrigation  districts"  wherever  used  herein  for 
all  purposes  hereof  shall  be  deemed  to  include  water  conservation  dis- 
tricts.    (Stats.  1921,  p.  1199.) 

BONDED  INDEBTEDNESS,  REFUNDING. 

An  act  to  autlionze  irrigation  districts  to  refund  outstanding  Jionded 

iudehtedness.- 

(Approved  May  25,   1919,  Stats.   1919,  p.  1004.) 

Election  on  question  of  refunding  indebtedness. 

Section  1.  The  board  of  directors  of  any  irrigation  district  organ- 
ized or  existing  under  or  subject  to  the  provisions  of  the  California 
irrigation  district  act  approved  ^Nlarch  31,  1897,  as  amended,  providing 
for  the  organization  and  government  of  irrigation  districts,  that  has 

'For  acts  authorizing  investments  in  irrigation  district  bonds,  see  Appendix, 
p.  155  hereof. 

-See  also  "An  act  to  provide  for  the  issue  and  sale  or  exchange  of  funding  bonds 
of  irrigation  districts  organized  under  and  in  pursuance  of  an  act  of  the  legislature  of 
the  State  of  California  entitled  'An  act  to  provide  for  the  organization  and  government 
of  irrigation  districts,  and  to  provide  for  the  acquisition  of  water  and  other  property, 
and  for  the  distribution  of  water  thereby  for  irrigation  purposes,'  approved  March  7, 
ISST,  to  provide  for  the  pavment  of  such  bonds,  and  for  proceedings  to  test  the  validity 
of  the  same,"  approved  April  1,  1897,  Stats.  1897,  p.  394  ;  amended  Stats.  1901,  p.  514. 


80  CALIFORNIA   IRRIGATION   DISTRICT   LAWS, 

an  oiitstauding  iudebtedness  evidenced  by  bonds  lawfully  issued  prior 
to  January  1,  1D13,  may,  by  a  majority  vote  of  the  members  of  the 
board,  submit  to  the  electors  of  the  irrigation  district  at  any  election 
the  proposition  of  the  issuance  of  new  bonds  for  the  purpose  of  refund- 
ing the  bonds  outstanding,  as  the  same  become  due.  Such  election 
shall  be  held,  and  the  vote  thereon  shall  be  the  same  as  provided  by  the 
California  irrigation  district  act  for  the  issuance  of  other  irrigation 
district  bonds;  provided,  no  petition  therefor  need  be  circulated  or 
signed;  and  provided,  further,  that  a  majority  of  the  votes  of  those 
voting  on  said  proposition  shall  be  sufficient  to  carry  the  same.  Such 
bonds  shall  bear  interest  at  a  rate  the  same  as  or  lower  than  the  bonds 
to  be  refunded  and  no  refunding  bond  shall  have  a  later  date  of 
maturity  than  twenty  years  from  the  date  of  its  issue. 

Form  of  refunding  bonds. 

Sec.  2.  The  refunding  bonds  shall  be  issued  in  substantially  the 
manner  and  in  the  form  required  by  law  for  the  issuance  of  other  bonds 
of  the  district.  These  bonds  may  be  sold  from  time  to  time  in  the  same 
manner  as  other  bonds  of  the  district,  or,  if  the  directors  of  the  district 
and  the  holders  of  any  of  the  bonds  reaching  maturity  so  elect,  they 
may  be  exchanged  in  payment  of  the  bonds  so  maturing  as  such  bonds 
mature. 

Assessment  to  pay  interest  and  principal. 

Sec.  3.  The  board  of  directors  shall  cause  to  be  assessed  and  levied 
each  year  upon  the  assessable  property  in  the  district,  in  addition  to  the 
levy  authorized  for  other  purposes,  a  sufficient  sum  to  pay  the  interest 
on  or  any  principal  of  such  refunding  bonds  in  the  same  manner  as  is 
provided  in  the  California  irrigation  district  act  in  the  case  of  other 
bonds. 

CANALS  AND  WORKS.  PROTECTION  OF. 

Sec.  592.  Every  person  who  shall,  without  authority  of  the  owner 
or  managing  agent,  and  with  intent  to  defraud,  take  water  from  any 
canal,  ditch,  flume  or  reservoir  used  for  the  purpose  of  holding  or 
conveying  water  for  manufacturing,  agricultural,  mining,  irrigating 
or  generation  of  power,  or  domestic  uses,  or  who  shall  without  like 
authority,  raise,  lower  or  otherwise  disturb  any  gate  or  other  apparatus 
thereof,  used  for  the  control  or  measurement  of  water,  or  who  shall 
empty  or  place,  or  cause  to  be  emptied  or  placed,  into  any  such  canal, 
ditch,  flume  or  reservoir,  any  rubbish,  filth  or  obstruction  to  the  free  flow 
of  the  water  is  guilty  of  a  misdemeanor.     (Penal  Code.) 

Sec.  607.  Every  person  who  wilfully  and  maliciously  cuts,  breaks, 
injures  or  destroys  any  bridge,  dam,  canal,  flume,  aqueduct,  levee, 
embankment,  reservoir,  or  other  structure  erected  to  create  hydraulic 
power,  or  to  drain  or  reclaim  any  swamp  and  overflowed  tide  or  marsh 
land,  or  to  store  or  conduct  water  for  mining,  manufacturing,  reclama- 
tion, or  agricultural  purposes,  or  for  the  supply  of  the  inhabitants  of 
any  city  or  town,  or  any  embankment  necessary  to  the  same,  or  either  of 
them,  or  wilfully  or  maliciousl}'  makes,  or  causes  to  be  made,  any 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  81 

aperture  in  such  daiji,  canal,  flume,  aqueduct,  reservoir,  embankment, 
levee,  or  structure,  with  intent  to  injure  or  destroy  the  same ;  or  draws 
up,  cuts,  or  injures  any  piles  fixed  in  the  ground  for  the  purpose  of 
securing  any  sea-bank,  or  sea-walls,  or  any  dock,  quay,  or  jetty,  lock,  or 
sea  wall ;  or  who,  between  the  first  day  of  October  and  the  fifteenth 
day  of  April  of  each  year,  plows  up  or  loosens  the  soil  in  the  bed  or  on 
the  sides  of  any  natural  water  course  or  channel,  without  removing 
such  soil  within  twenty-four  hours  from  such  water  course  or  channel; 
or  who,  between  the  fifteenth  day  of  April  and  the  first  day  of  October 
of  each  year,  shall  plow  up  or  loosen  the  soil  in  the  bed  or  on  the  sides 
of  such  natural  water  course  or  channel,  and  shall  not  remove  therefrom 
the  soil  so  plowed  up  or  loosened  before  the  first  day  of  October  next 
thereafter,  is  guilty  of  a  misdemeanor  and  upon  conviction,  punishable 
by  a  fine  not  less  than  one  hundred  dollars  and  not  exceeding  one 
thousand  dollars,  or  by  imprisonment  in  the  county  jail  not  exceeding 
two  years,  or  by  both;  j^rovided,  that  nothing  in  this  section  shall  be 
construed  so  as  to  in  any  manner  prohibit  any  person  from  digging  or 
removing  soil  from  any  such  water  course,  or  channel,  for  the  purpose 
of  mining.     (Penal  Code.) 

CONSOLIDATION  OF  DISTRICTS. 

An  act  to  provide  for  the  consolidation  of  districts  organized  or  exist- 
ing under  the  California  irrigation  district  act. 

(Approved  June   1,   1921;   Stats.   1921,  p.   lOlS.) 

Consolidation  of  districts. 

Section.  1.  Two  or  more  districts  organized  or  existing  under  the 
California  irrigation  district  act  may  be  consolidated  as  in  this  act 
provided  and  when  so  consolidated,  the  consolidated  district  shall  pos- 
sess all  of  the  powers  and  be  governed  by  the  subject  to  all  of  the 
provisions  of  the  California  irrigation  district  act,  except  as  in  this 
act  otherwise  provided,  as  though  originally  organized  under  said  act. 

Petition. 

Sec.  2.  When  in  the  judgment  of  the  board  of  directors  of  an  irri- 
gation district  it  is  for  the  best  interest  of  .such  district  that  it  be  con- 
solidated with  one  or  more  other  districts  organized  or  existing  under 
said  California  irrigation  district  act  or  when  there  is  presented  to 
said  board  a  petition  signed  by  signers  equal  in  numl)ers  to  and  po&sess- 
ing  the  qualifications  required  by  said  California  irrigation  district  act 
for  a  petition  for  the  organization  of  a  district,  said  board  must  pass 
a  resolution  reciting  such  facts  and  declaring  the  advisability  of  such 
consolidation  and  its  willingness  to  consolidate  and  forward  a  copy 
thereof  to  the  state  engineer. 

Investigation. 

Sec.  3.  Upon  the  receipt  of  the  certified  copy  of  such  resolution 
adopted  by  two  or  more  of  such  districts  the  state  engineer  shall  forth- 
with make  or  cause  to  be  made  such  investigation  as  he  may  deem 
necessary. 

6—16169 


82  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

If  report  favorable. 

Sec.  4.  Upon  the  completion  of  such  examination  but  not  more  than 
ninety  (90)  days  after  the  receipt  by  him  of  a  copy  of  the  resolution 
from  the  board  last  adopting  the  same  the  state  engineer  shall  submit 
to  the  board  of  directors  of  each  of  said  districts  his  report  thereon. 

In  case  said  state  engineer  shall  consider  the  elimination  of  a  portion 
of  the  lands  included  in  any  of  the  original  districts  advisable,  he  shall 
recommend  the  same  in  his  said  report,  stating  his  reasons  therefor. 
He  shall  also  set  out  the  boundaries  of  the  consolidated  district  recom- 
mended and  the  divisions  into  which  it  is  to  be  divided,  the  same  being 
five  in  number. 

If  any  of  said  lands  so  eliminated  have  never  received  water  from 
the  original  district  in  whicli  it  was  included,  the  owners  thereof  shall 
be  entitled  to  the  return  of  all  assessments  theretofore  paid  upon  same. 
If  any  of  said  lands  have  theretofore  received  water,  the  said  state 
engineer  shall  recommend  in  his  said  report  the  portion,  if  an}^,  of  said 
assessments  to  the  return  of  which  the  respective  owners  are  equitably 
entitled. 

Election. 

Within  ten  (10)  days  after  receiving  said  report,  if  the  state  engi- 
neer deems  such  consolidation  desirable,  the  board  of  directors  of  each 
of  said  districts  must  make  an  order  calling  a  special  election  at  which 
shall  be  submitted  to  the  electors  of  such  district  possessing  the  qualifi- 
cations prescribed  by  the  California  irrigation  district  act  the  question 
wliether  or  not  said  consolidation  shall  be  effected,  which  said  election 
shall  be  conducted  so  far  as  practicable  in  accordance  with  the  require- 
ments for  the  election  of  officers  provided  in  said  act.  Notice  of  such 
election  shall  be  given  for  the  time  and  in  the  manner  provided  for 
notice  of  special  elections  for  the  issuance  of  bonds  in  said  California 
irrigation  district  act.  The  ballots  shall  contain  the  words  "Consolid^i 
ation — Yes"  and  "Consolidation — No,"  or  words  equivalent  thereto, 
and  if  a  majority  of  the  votes  cast  in  each  district  are  "Consolida- 
tion— Yes,"  then  such  districts  shall  be  consolidated. 

At  such  election  there  shall  also  be  elected  the  directors  and  other 
officers  of  the  consolidated  district  who  shall  be  nominated  and  voted 
for  as  provided  upon  the  organization  of  a  district. 

If  report  unfavorable. 

Sec.  6.  After  receiving  said  report,  if  the  said  engineer  deems  such 
consolidation  not  desirable,  or  if  no  report  is  received  from  said  engi- 
neer within  ninety  (90)  days  after  the  submission  to  him  of  said  copy 
of  said  resolution  from  the  board  last  adopting  the  same,  said  boards 
of  directors,  if  they  each  shall  determine  and  declare  by  resolution 
that  the  proposed  consolidation  is  desirable,  shall  each  make  an  order 
calling  a  special  election  in  the  same  manner  as  provided  in  section 
five^  hereof,  which  said  election  shall  be  conducted  in  the  same  manner 
and  upon  the  same  notice  as  provided  therein. 

^The  act  contains  no  section  5  ;  reference  evidently  intended  to  apply  to  the  fourth 
and  fifth  paragraplis  of  section  4. 


CALIFORNIA   IRRIGATION    DISTRICT   LAWS.  83 

Offices. 

Sec.  7.  In  the  orig-inal  resolution  of  consolidation  the  boards  of 
directors  of  the  several  districts  shall  specify  the  offices  agreed  upon  for 
the  consolidated  district  and  upon  the  voters  of  said  districts  con- 
solidating said  districts  as  herein  provided,  the  directors  and  other 
officers  then  elected  shall  thereupon  become  the  officers  of  such  consoli- 
dated district  and  shall  qualify  and  organize  in  the  manner  provided 
for  a  newly  organized  district. 

Apportionment  of  indebtedness. 

Sec.  8.  The  report  of  the  said  engineer  shall  recommend  the  appor- 
tionment to  the  lands  of  the  respective  districts  any  outstanding 
indebtedness  as  he  deems  equitable,  and  the  board  of  directors  of  the 
consolidated  district,  if  such  consolidation  be  made,  shall  within  sixty 
(60)  da^'s  after  such  consolidation  act  upon  such  recommendation  and 
shall  apportion  to  the  lands  of  the  said  consolidated  district  any  out- 
standing  indebtedness   as   it    deems   equitable. 

Name  and  powers  of  district. 

Sec.  9.  In  the  original  resolution  of  consolidation  the  said  boards  of 
directors  of  the  several  districts  shall  specify  the  name  agreed  upon  for 
the  said  consolidated  district,  and  if  such  consolidation  is  adopted  at 
such  election,  then  said  consolidation  shall  be  effective  and  such  con- 
solidated district,  under  the  said  name,  shall  succeed  to  all  of  the 
rights,  privileges  and  properties  of  all  of  the  districts  participating 
in  such  consolidation  and  .shall  be  subject  to  all  of  the  indebtedness, 
bonded  aud  otherwise,  thereof,  as  so  respectively  apportioned,  and  all 
future  assessments  necessary  shall  be  levied  in  accordance  with  such 
apportionment. 

Within  ten  days  after  said  consolidation  is  made,  the  board  of 
directors  of  said  consolidated  district  shall  make  an  order  declaring 
such  consolidation  effective  and  setting  out  the  date  that  same  became 
effective  and  the  boundaries  of  said  consolidated  district.  A  copy  of 
said  order,  duly  certified  by  the  president  and  secretary  thereof,  shall 
be  forthwith  filed  for  record  in  the  oi^ce  of  the  county  recorder  of 
each  county  in  which  any  lands  of  said  district  are  situate. 

COOPERATIVE  AGREEMENTS  WITH  DISTRICTS  IN  OTHER 

STATES. 

An  act  to  provide  for  cooperation  in  acquisition,  co?istruction  and 
management  of  irrigation  and  drainage  icorls  hetween  irrigation 
districts  organized  or  existing  under  or  hy  virtue  of  an  act  entitled 
''An  act  to  provide  for  organizatioyi  and  gauernnient  of  irrigation 
disfncfs  and  to  provide  for  the  acquisition  tJierehy  of  works  for  the 
irfigation  of  the  lands  embraced  within  sucli  districts,  and  also  to 
provide  for  the  distribution  of  water  for  irrigation  purposes," 
approved  March  31, 1897,  and  contiguous  or  adjoining  districts  in  or 
organized  under  the  laws  of  other  states. 

(Approved  May  23,   1917;   Stats.   1917,  p.   905.) 

Cooperation  with  districts  in  adjoining  states. 

Section  1.  It  shall  be  lawful  for  irrigation  districts  organized  or 
existing  under  or  by  virtue  of  an  act  entitled  "An  act  to  provide  for 


84  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

the  organization  and  government  of  irrigation  districts,  and  to  provide 
for  the  acquisition  or  construction  thereby  of  works  for  the  irrigation 
of  the  lands  embraced  within  such  districts,  and  also  to  provide  for 
the  distribution  of  water  for  irrigation  purposes,"  approved  March  31, 
1897,  to  enter  into  agreements  with  irrigation  districts  in  adjoining 
states  for  the  joint  construction,  acquisition,  management  and  control 
of  diverting,  impounding  or  distributing  works  for  irrigation  or  drain- 
ing lands  within  the  boundaries  of  their  res^pective  districts. 

Contracts. 

Sec.  2.  Such  agreements  may  be  evidenced  by  written  contracts 
executed  on  behalf  of  their  respective  boards  of  directors  or  trustees, 
or  by  resolutions  entered  upon  'their  respective  minutes.  Such  con- 
tracts or  certified  copies  thereof  and  certified  copies  of  such  resolutions 
shall  be  recorded  in  the  office  of  the  county  recorder  in  each  county  in 
which  is  situated  any  of  the  lands  of  said  districts  or  any  of  the  reser- 
voir sites  or  other  real  property  owned  bj^  said  districts  or  acquired 
under  the  provisions  of  this  act. 

Property  interests. 

Sec.  3.  Such  agreements  may  provide  for  joint  or  several  owner- 
ship or  ownership  in  conniion  of  the  property,  necessary  or  convenient 
for  the  purposes  of  this  act  and  may  provide  for  the  terms  and  condi- 
tions under  which  or  the  respective  proportions  in  which  such  property 
shall  be  held.  Any  rights  or  disputes  arising  out  of  or  from  said  agree- 
ments may  be  tried  before  and  enforced  by  any  court  of  competent 
jurisdiction  in  the  state.  , 

Meetings. 

Sec.  4.  Any  meeting  of  the  board  of  directors  of  any  such  district, 
held  in  conjunction  with  the  l)oard  of  directors  of  the  cooperating  dis- 
trict, in  sucli  district  in  the  adjoining  state,  if  duly  and  regularly  called 
as  required  by  law  or  if  regularly  adjourned  to,  sliall  be  as  lawful  and 
valid  as  if  held  at  the  office  of  the  board  of  directors  of  such  district 
in  this  state. 

Diversion  of  water. 

Sec.  5.  It  shall  be  lawful,  for  the  purposes  of  such  cooperative 
action  to  divert  water  from  this  state  for  impounding  in  the  adjoining 
state  or  otherwise  for  distribution  to  the  lands  of  the  cooperating  dis- 
tricts regardless  of  the  state  in  which  such  lands  are  situated  or  to 
divert  water  from  such  adjoining  state  for  impounding  or  otherwise 
for  distribution  to  the  lands  of  such  cooperating  districts  in  this  or  the 
adjoining  state. 

Property  outside  state. 

Sec.  6.  So  far  as  may  be  necessary  for  fully  carrying  out  the  pur- 
poses of  this  act  such  cooperating  district  in  the  adjoining  state  may 
hold  title  to  property,  in  this  state  and  such  cooperating  district  in  this 
state  may  hold  title  to  property  in  the  adjoining  state. 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  85 

COOPERATION    UNDER    FEDERAL    TWENTY-YEAR    EXTENSION 

ACT. 

An  act  anlliurizing  and  empowering  irrigation  and  reclamation  districts 
to  enter  into  contracts  with  the  United  States  reclamation  service 
for  the  reclanuition  of  lands  within  such  districts  under  the  provi- 
sions of  the  so-called  ''twenty  year  exfoision  act." 

(Approved  May  21,   1917;   Stats.   1917,  p.  781.) 

Contracts  with  reclamation  service. 

Section  1.  The  board  of  trustees,  or  directors  of  any  irrigation  or 
reclamation  district  now  organized  under  the  provisions  of  the  laws  of 
the  State  of  California,  or  of  any  irrigation  or  reclamation  district 
hereafter  organized  under  the  laws  of  the  State  of  California,  may,  in 
their  discretion,  whenever  it  is  determined  by  such  board  that  it  is  for 
the  best  interests  of  such  districts,  enter  into  a  contract  with  the  proper 
officere  of  the  United  States  Reclamation  Service  for  the  reclamation, 
either  by  drainage  or  irrigation  of  lands  within  the  boundaries  of  such 
district,  or  by  preventing  high  water  from  overflowing  the  same,  under 
the  provisions  of  an  act  of  congress  approved  August  13,  1914,  entitled 
"An  act  extending  the  period  of  payment  under  reclamation  projects, 
and  for  other  purposes,''  which  act  is  commonly  known  as  the  twenty 
year  extension  act,  and  from  and  after  the  execution  of  such  contract, 
the  amount' of  indebtedness  created  thereby  shall  be  and  become  a 
lien  upon  the  lands  to  be  benefited  by  such  reclamation  work. 

Payments. 

Sec.  2.  The  board  of  trustees  or  directors  of  any  irrigation  or 
reclamation  district  above  mentioned,  shall  provide  by  a  resolution  didy 
adopted  at  a  regular  meeting,  or  special  meeting  of  such  board  called 
for  the  purpose,  for  the  payments  of  the  amounts  to  become  due  under 
the  contract  with  the  United  States,  according  to  the  provisions  of  .such 
contract,  by  assessment  upon  the  lands,  in  such  district,  which  are  to  be 
benefited  by  such  work,  such  assessment  to  be  collected  by  the  tax  col- 
lector of  the  county  within  which  such  lands  are  situated,  the  same  as 
other  taxes  are  collected,  or  by  any  other  officer  authorized  by  law  to 
collect  assessments  within  said  district. 


COOPERATION  WITH  FEDERAL  GOVERNMENT  FOR  CONSTRUC- 
TION, OPERATION,  OR  MAINTENANCE  OF  WORKS. 

An  act  to  authorize  irrigation  districts  to  cooperate  and  contract  with 
the  United  States  under  the  provisions  of  the  federal  reclamation 
laws  for  a  water  supply,  or  the  construction,  operation  or  mainte- 
nance of  works,  including  drainage  works,  or  for  the  assumption 
by  the  district  of  indebtedness  to  the  United  States  on  account  of 
district  land;  and  to  provide  the  mantier  and  m,ethod  of  payments 
to  the  United  States  under  such  contract,  eind  for  the  apportion- 
ment of  assessments,  and  levy  thereof,  upon  the  lands  of  the  district 


86  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

to  secure  revenue  for  such  payments,  and  to  jyrovide  for  the  judicial 
review  and  determination  of  the  validity  of  the  proceedings  in  con- 
nection with  such  contract. 

(Approved  May  5,   1917;   Stats.   1917,  p.   243.) 

Contracts  with  United  States — irrigation  or  drainage. 

Section  1.  In  addition  to  the  powers  with  which  irrigation  dis- 
tricts have  been  vested  under  the  act  approved  March  31,  1897,  and 
acts  amendatory  thereof  or  supplementary  thereto  and  acts  of  or  to 
which  said  act  is  amendatory  or  supplementary,  irrigation  districts 
heretofore  or  hereafter  organized  under  said  acts  shall  have  the  follow- 
ing powers :  To  cooperate  and  contract  with  the  United  States  under  the 
federal  reclamation  act  of  June  17,  1902,  and  all  acts  amendatory 
thereof  or  supplementary  thereto,  or  any  other  act  of  congress  heretofore 
or  hereafter  enacted  authorizing  or  permitting  such  cooperation,  for 
purposes  of  construction  of  works,  whether  for  irrigation  or  drainage, 
or  both,  or  for  the  accpiisition,  purchase,  extension,  operation  or  mainte- 
nance of  constructed  works,  or  for  a  water  supply,  or  for  the  assump- 
tion as  principal  or  guarantor  of  indebtedness  to  the  United  States  on 
account  of  district  lands. 

General  powers  of  district. 

Sec.  2.  The  board  of  directors  shall  generally  perform  all  such 
acts  as  shall  be  nece-ssary  to  carry  out  the  enlarged  powet-s  in  this  act 
enumerated.  Said  board  may  enter  into  any  obligation  or  contract 
wdth  the  United  States  for  the  aforesaid  purposes,  and  may  provide 
therein  for  the  delivery  and  distribution  of  water  for  the  lands  of  such 
district  under  the  aforesaid  acts  of  congress  and  the  rules  and  regula- 
tions established  thereunder.  The  contract  may  provide  for  the  con- 
veyance to  the  United  States  as  partial  consideration  for  the  privileges 
obtained  by  the  district  under  said  contract,  of  water  rights  or  other 
property  of  the  district ;  and  in  case  contract  has  been  or  may  hereafter 
be  made  with  the  United  States  as  herein  provided,  bonds  of  the  district 
may  be  transferred  to,  or  deposited  with  the  United  States,  if  so 
provided  by  said  contract  and  authorized  as  hereinafter  set  forth,  at 
not  less  than  ninety-five  per  cent  of  their  par  value,  to  the  amount  to  be 
paid  by  the  district  to  United  States  or  any  part  theerof ;  the  interest, 
or  principal,  or  both,  on  said  bonds  to  be  raised  by  assessment  and 
levy  as  hereinafter  prescribed,  and  to  be  regularly  paid  to  the  United 
States  and  applied  as  provided  in  said  contract.  Bonds  transferred  to 
or  deposited  with  the  United  States  may  call  for  the  payment  of  such 
interest  not  exceeding  six  per  cent  per  annum,  may  be  of  .such  denomi- 
nation, and  may  call  for  the  repayment  of  the  principal  at  such  times 
as  may  be  agreed  upon  between  the  board  and  the  secretary  of  the 
interior.  The  contract  with  the  United  States  may  likewise  call  for  the 
payment  of  the  amount  or  amounts  to  be  paid  by  the  district  to  the 
United  States  or  any  part  thereof  at  such  times  and  in  such  installments 
and  with  such  interest  charges  not  exceeding  the  aforesaid  rate  as  may 
be  agreed  upon,  and  for  assessment  and  levy  therefor  as  hereinafter 
provided.  Moreover  the  board  may  accept  on  behalf  of  the  district, 
appointment  of  the  district  as  fiscal  agent  of  the  United  States,  or 


I 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  87 

authorization  of  the  district  by  the  United  States  to  make  collection  of 
moneys  for  or  on  behalf  of  the  United  States  in  connection  with  any 
federal  reclamation  project  whereupon  the  district  shall  be  authorized 
so  to  act  and  to  assume  the  duties  and  liabilities  incident  to  such  action, 
and  the  said  board  shall  have  full  power  to  do  any  and  all  things 
required  by  the  federal  statutes  now  or  hereafter  enacted  in  connection 
therewith,  and  all  things  required  by  the  rules  and  regulations  now  or 
that  may  hereafter  be  established  by  any  department  of  the  federal 
government  in  regard  thereto.  Districts  cooperating  with  the  United 
States  may  rent  or  lease  water  to  private  lands,  entrymen,  or  munici- 
palities in  tlie  neighborhood  of  the  district,  in  pursuance  of  contract 
with  the  United  States. 

Election. 

Sec.  3.  Any  proposal  to  enter  into  a  contract  with  the  United 
States  for  the  repayment  of  construction  moneys,  the  cost  of  a  water 
supply  or  the  acquisition  of  property,  and  to  issue  bonds,  if  any  be 
proposed,  shall  be  voted  upon  at  an  election  wherein  proceedings  shall  be 
had  in  so  far  as  applicable  in  the  manner  provided  in  the  case  of  the 
ordinary  issuance  of  district  bonds.  Said  proposal,  with  such  plans 
and  estimates  of  cost  as  have  been  made  in  connection  therewith,  shall 
be  submitted  to  the  state  engineer  for  his  examination  and  report,  and 
the  proceedings  in  that  regard  shall  be  in  accord  with  section  thirty  of 
the  act  approved  March  31,  1897,  as  amended,  in  so  far  as  the  same 
may  be  applicable.  Notice  of  the  election  herein  provided  for  shall 
contain  in  addition  to  the  information  required  in  the  case  of  ordinary 
bond  election  a  statement  of  the  maximum  amount  of  money  to  be 
payable  to  the  United  States  for  construction  purposes,  cost  of  water 
supply  and  acquisition  of  property,  exclusive  of  penalties  and  interest, 
together  with  a  general  statement  of  the  property,  if  any,  to  be  con- 
veyed by  the  district  as  hereinabove  provided.  The  ballots  at  such 
election  shall  contain  a  brief  statement  of  the  general  purpose  of  said 
contract  and  the  amount  of  the  obligation  to  be  assumed,  as  aforesaid, 
with  the  words  "Contract — Yes"  and  "Contract — No,"  or  "Contract 
and  bonds — Yes"  and  "Contracts  and  bonds — No,"  as  the  case  may  be. 
The  board  of  directors  may  submit  any  such  contract  or  proposed 
contract  and  bond  issue  if  any,  to  the  superior  court  of  the  county 
wherein  is  located  the  office  of  said  board  to  determine  the  validity 
thereof  and  the  authority  of  the  board  to  enter  into  such  contract,  and 
the  authority  for  and  validity  of  the  issuance  and  deposit  or  transfer 
of  said  bonds ;  whereupon  the  same  proceedings  shall  be  had  as  in  the 
ordinary  case  of  the  judicial  determina.tion  of  the  validity  of  bonds 
and  with  like  effect. 

Distribution  of  water. 

Sec.  4'.  All  water,  the  right  to  the  use  of  which  is  acquired  by  the 
district  under  any  contract  with  the  United  States  shall  be  distributed 
and  apportioned  by  the  district  in  accordance  with  the  acts  of  congress 
applicable  thereto,  the  rules  and  regulations  of  the  secretary  of  the 
interior  thereunder,  and  the  provisions  of  said  contract,  and  provision 
may  be  made  in  the  contract  between  the  district  and  the  United  States 


88  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

for  the  refusal  of  water  service  to  any  or  all  lands  which  may  become 
delinquent  in  the  payment  of  any  assessment  levied  for  the  purpose  of 
carrying  out  any  contract  between  the  district  and  the  United  States. 

Rights  of  way. 

Sec.  5.  Any  rights  of  way  or  other  property  owned  or  acquired 
by  the  district  may  be  conveyed  by  the  board  to  the  United  States  in  so 
far  as  the  same  may  be  needed  for  the  construction,  operation  and 
maintenance  of  works  by  the  United  States  for  the  benefit  of  the  district 
under  any  contract  that  may  be  entered  into  with  the  United  States 
pursuant  to  this  act. 

Assessments. 

Sec.  6.  All  payments  due  or  to  become  due  to  the  United  States 
under  any  contract  between  the  district  and  the  United  States,  includ- 
ing such  payments  of  interest  and  principal  on  bonds  as  may  be  required 
in  connection  with  a  deposit  or  transfer  thereof  to  the  United  States, 
shall  be  paid,  unless  otherwise  provided  by  contract,  by  revenue  derived 
from  annual  assessments,  apportioned  as  hereinafter  prescribed,  and 
levies  thereof,  upon  such  real  property  within  the  district  as  may  be 
assessal)le  for  district  purposes  under  the  laws  of  the  state,  and  such 
real  property  shall  be  and  remain  liable  to  be  assessed  and  levied 
upon  for  such  payments  as  herein  provided.  It  shall  be  the  duty  of  the 
board  of  directors  annually  to  levy  an  assessment  sufficient  to  raise  the 
money  necessary  to  meet  all  payments  when  due  as  provided  in  the 
contract.  All  money  collected  in  pursuance  of  such  contract  by  assess- 
ments and  levies,  or  otherwise,  shall  be  paid  into  .the  district  treasury 
and  held  in  a  fund  to  be  known  as  the  ' '  United  States  contract  fund, ' ' 
to  be  used  for  payments  due  to  the  United  States  under  any  such  con- 
tract. Public  lands  of  the  United  States  within  any  district  shall  be 
subject  to  assessment  for  all  purposes  of  this  act  to  the  extent  provided 
for  by  the  act  of  congress  approved  August  11,  1916,  entitled  "An  act 
to  promote  reclamation  of  arid  lands,"  or  any  other  law  wliich  may 
hereafter  be  enacted  by  congress  in  the  same  relation,  upon  full  com- 
pliance therewith  by  the  district.  Nothing  in  this  act  contained  .shall 
be  construed  to  relieve  the  district  from  obligation  to  pay  as  a  district 
in  case  of  default  of  any  land,  unless  so  provided  by  the  said  contract 
between  the  district  and  the  United  States. 

Sec.  7.  The  assessment  required  in  any  year  to  meet  the  payment 
due  to  the  United  States  for  all  purposes  under  the  contract  as  in  this 
act  provided  may  be  apportioned  in  accordance  with  the  benefits,  and  m 
the  ascertainment  of  such  benefits  there  shall  lie  taken  into  account  the 
provisions  of  the  contract  between  the  United  States  and  the  district, 
the  federal  laws  applicable  thereto,  and  the  notices  and  regulations 
issued  in  pursuance  of  said  laws,  and  in  case  such  contract  is  for  the 
assumption  by  the  district  as  principal  or  guarantor  of  indebtedness  to 
the  United  States  theretofore  existing  on  account  of  district  lands, 
there  shall  be  further  taken  into  account  the  provisions  of  existing  con- 
tracts carrying  such  indebtedness  and  the  amounts  of  such  liens  as  may 
be  released  in  pursuance  of  the  contract  between  the  United  States  and 
the  district. 


CALIFORNIA   IRRIGATION    DISTRICT   LAWS.  89 

Change  in  district  boundaries. 

Sec.  8.  Where  contract  sliall  have  been  entered  into  between  the 
United  States  and  any  irrigation  district  the  district  shall  not  be 
dissolved,  nor  shall  the  boundaries  be  changed,  except  upon  written 
consent  of  the  secretary  of  the  interior  filed  with  the  official  records  of 
the  district.  If  such  consent  he  given  and  lands  be  excluded,  the  areas 
excluded  shall  be  free  from  all  liens  and  charges  for  payments  to  become 
due  to  the  United  States. 

Saving  clause. 

Sec.  9.  The  provisions  of  the  general  irrigation  district  act, 
approved  March  31,  1897,  and  acts  amendatory  thereof  or  supplemental 
thereto,  shall  be  and  remain  in  force  as  regards  irrigation  districts  in 
this  act  referred  to  except  in  so  far  as  herein  modified  exprassly  or  by 
necessary  implication,;  and  nothing  in  this  act  shall  be  so  construed  as 
to  affect  irrigation  district  operations  not  related  to  cooperation  Avith 
the  United  States.  However,  the  provisions  of  section  fifty-three'^  of 
said  act,  approved  March  31,  1897,  shall  not  apply  in  case  of  any  con- 
tract between  an  irrigation  district  and  the  United  States. 


DAMS,  SUPERVISION  OF. 

An  act  to  appropriate  money  to  be  expended  by  and  under  the  dlrcc' 
tion  of  the  department  of  engineering  for  the  purpose  of  rectifying 
and  improving  the  cJia)ineis  of  tJie  iSacramento,  iSan  Joaquin  and 
Feather  rivers  and  such  other  ivaters  of  the  state  as  the  department 
of  engineering  rnay  determine;  improving  the  navigability  of  such 
ivaters  and  ace[uiring  land  for  necessary  rights  of  way  therefor; 
making  surveys,  investigations  and  report  upon  the  feasibility  of 
canalizi)ig  the  rivers^  of  the  state  and  constructing  canals  for  navi- 
gation, and  making  surveys,  investigations  and  plans  for  flood 
control;  the  examination  and  supervision  of  dams;  the  investiga- 
tion of  rainfall,  snowfall  and  runoff  affecting  navigation  and  flood 
control;  and  giving  the  department  of  engineering  authority  over 
dams,  making  it  unlawful  to  construct  or  maintain  dams  in  a 
dangerous  condition  and  providing  penedties  for  violations  of  the 
act  and  directing  who  shall  prosecute  such  violations. 

(Approved  May  14,   1917;  Stats.   1917,  p.   516.) 

Sec.  2.  (a)  All  dams  in  the  State  of  California,  other  than  those 
for  impounding  mining  debris  constructed  under  the  authority  of  the 
California  debris  commission,  or  dams  constmcted  by  a  municipal  cor- 
poration maintaining  a  department  of  engineering,  shall  be  under  the 
authority  of  the  state  department  of  engineering,  and  the  department 
shall  exercise  supervision  over  any  dam,  the  failure  of  which  would 
endanger  life  or  property,  and  shall  have  power  to  prescribe  and  enforce 
compliance  with  measures  for  making  such  dams  safe  against  failure; 
provided,  that  this  section  shall  not  apply  to  any  dam  which  is  part  of 
a  "water  system"  as  defined  in  section  two  of  the  public  utilities  act 

^See  page  51  hereof. 


90  CALIFORNIA   IRRIGATION    DISTRICT   LAWS. 

of  this  state,  and  nothing  in  this  act  shall  be  construed  to  limit  the 
jurisdiction  of  the  railroad  commission  over  such  dams. 

(b)  It  shall  be  unlawful  for  any  person,  firm,  corporation  or  district 
to  construct,  maintain  or  operate  any  dam  known  to  be  unsafe,  or 
Avhicli  if  the  destruction  or  failure  thereof  would  endanger  life  or 
property ;  or  to  construct,  reconstruct,  repair  or  improve,  maintain  or 
operate  any  dam  which  is  or  would  be  ten  feet  or  more  in  height  or 
which  will  impound  water  or  other  fluid  to  the  amount  of  three  million 
gallons  unless  the  plans,  specifications  and  construction  thereof  shall 
have  been  approved  in  writing  by  the  state  department  of  engineering. 

(c)  Any  person,  firm,  corporation  or  district  who  shall  violate  the 
provisions  of  this  section  is  subject  to  a  penalty  of  not  less  than  five 
hundred  nor  more  than  two  thousand  dollars  for  each  and  every 
offense.  Each  day  that  such  violation  of  the  provisions  of  this  section 
shall  continue  shall  be  deemed  and  considered  a  separate  and  distinct 
offense. 

(d)  Any  person  acting  for  himself  as  owner,  or  as  director,  officer, 
agent  or  employee  of  any  firm,  corporation  or  district  engaged  in  the 
construction,  reconstruction,  improvement  or  repair  of  any  dam,  the 
plans  and  specifications  of  which  have  been  approved  by  the  depart- 
ment of  engineering,  or  any  contractor,  or  agent  or  employee  of  such 
contractor,  who  shall  knowingly  permit  work  to  be  executed  thereon 
contrary  to  the  plans  and  specifications  approved  as  aforesaid,  or  any 
inspector  or  employee  of  the  department  of  engineering  who  shall 
have  knowledge  of  such  work  being  done  and  fail  to  immediately  notify 
the  department  of  engineering  thereof,  is  guilty  of  a  felony  and  subject 
to  the  penalty  of  confinement  in  the  state  penitentiary  for  not  less 
than  one  nor  more  than  five  years. 

(e)  Upon  the  complaint  of  the  department  of  engineering  any  dis- 
trict attorney  is  hereby  authorized  and  directed  to  prosecute  violations 
of  the  provisions  of  this  section. 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  91 

DISSOLUTION  OF  DISTRICT'. 


VOLUNTARY  DISSOLUTION. 

An  act  to  provide  for  the  dissolution  of  irrigation  districts,  the  ascer- 
tainment and  discharge  of  their  ind elatedness,  and  the  distribution 
of  their  property. 

(Approved    February    10,     1903,    Stats.     1903,    p.    3.     Amended    1909,    p.    139;    1911, 

Ex.    Sess.  :11S;    1913:39;    1915:859.), 

District  may  dissolve. 

Section  1.  Any  irrigation  district  organized  under  the  provisions 
of  an  act  entitled  *'An  act  to  provide  for  the  organization  and  govern- 
ment of  irrigation  districts,  and  to  provide  for  the  acquisition  of  water 
and  other  property,  and  for  the  distribution  of  water  thereby  for  irri- 
gation purposes,"  approved  March  7,  1887,  and  all  acts  supplementary 
thereto  or  amendatory  thereof,  including  an  act  entitled  "An  act  to 
provide  for  the  organization  and  government  of  irrigation  districts, 
and  to  provide  for  the  acquisition  or  construction  thereby  of  works 
for  the  irrigation  of  lands  embraced  within  such  districts,  and  also, 
to  provide  for  the  distribution  of  water  for  irrigation  purposes," 
approved  March  31,  1897,  may  be  dissolved  in  the  manner  hereinafter 
provided;  provided,  that  in  case  a  contract  authorized  by  law  has  been 
made  between  the  district  and  the  United  States  for  the  construction, 
operation  and  maintenance  of  the  necessary  works  for  the  delivery  of 
water  or  for  a  water  supply,  no  such  district  shall  be  dissolved  and  no 
proceedings  entertained  by  any  court  or  otherwise  looking  to  the  dis- 
solution of  such  district,  until  the  written  assent  of  the  secretary  of  the 
interior  be  given  to  such  dissolution.     (Stats.  1915,  p.  859.) 

Petition. 

Sec.  2.  A  majority  in  number  of  the  holders  of  title,  or  evidence  of 
title,  to  real  property  in  any  irrigation  district,  and  a  majority  in  value 
of  said  property  according  to  the  equalized  assessment  roll  of  said 
district  for  the  year  last  preceding  upon  which  any  assessment  has 
been  made,  may  propose  the  dissolution  of  said  district  by  a  petition 
signed  by  such  majority,  which  petition  shall  set  forth  the  amount  of 
the  outstanding  bonds,  coupons,  and  other  indebtedness,  if  such  there 
be,  together  with  a  general  description  of  the  same,  and  the  holders, 
so  far  as  known,  showing  the  amount  of  each  description  of  indebted- 
ness and  the  ownership,  so  far  as  known,  of  the  same.  Also  the  esti- 
mated cost  of  the  dissolution  of  said  district.  Said  petition  shall  also 
state  the  assets  of  said  district,  including  irrigation  system,  if  any, 
dams,  reservoirs,  canals,  franchises,  water  rights,  a  detailed  statement 
of  all  the  lands  sold  to  the  district  for  assessments,  and  the  amount  of 
the  assessments  on  each  parcel  of  land  sold,  also  all  assessments  unpaid, 
and  the  amount  upon  each  lot  or  tract  of  land,  and  all  other  assets  of 
the  district ;  and  in  ease  any  proposition  has  been  made  by  the  holders 

'Sale  or  lease  and  operation  of  canal  and  works  of  dissolved  district. 

Escondido  Mut.  Water  Co.  vs.  Escondido,  169  Cal.  774  ; 
Byington  vs.  Sac.  Valley  Westside  Canal  Company,  170  Cal.  124. 


92  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

of  said  indebtedness  to  settle  the  same,  said  proposition,  together  with 
any  plan  proposed  to  carry  the  same  into  execution,  shall  be  included 
in  said  petition. 

Sec.  2|.     (Added,  Stats.  1911,  Ex.  Sess.,  p.  118;  probably  super- 
seded by  Sec.  2a,  added  Stats.  1913,  p.  39.) 

Election. 

Sec.  2a.     In   case   an   irrigation   district  has   no   indebtedness   not 
barred  by  the  statute  of  limitations  and  no  assets  and  has  ceased  to  be 
a  going  concern  and  has  no  irrigation  system  by  which  it  conveys  water 
for  irrigation  or  domestic  purposes  to  any  of  the  residents  of  such 
district,  the  petition  for  dissolution  mentioned  in  section  two  of  said 
act  shall  contain  statements  showing  such  facts  and  also  that  it  is  the 
desire  of  the  signers  of  such  petition  to  have  said  district  dissolved,  and 
such  petition  need  not  contain  any  other  statement  or  allegation,  and 
such  petition  need  only  be  signed  by  two-thirds  of  the  qualified  electors 
residing  in  such  district,  and  by  the  holders  of  title  or  evidence  of  title 
representing  at  least  fifty  per  cent  of  the  acreage  within  said  district 
and  not  less  than  fifty  per  cent  in  value  of  all  lands  lying  within  the 
exterior  boundaries   of  said   district,   the   value   of   said   lands  to   be 
determined  by  the  last  equalized  assessment  roll  of  said  district,  and 
such  petition  so  signed  and  containing  sucli  statements  and  allegations 
shall  be  sufficient.     In  such  case  the  plan  of  dissolution  referred  to  in 
section  three  of  said  act  may  be  entirely  omitted  and  it  shall  not  be 
necessary  for  the  petitioners  or  persons  signing  such  petition,  or  for  the 
board  of  directors  of  such  district  to  propose  any  plan  for  the  dissolu- 
tion of  such  district  or  any  plan  for  the  liquidation  of  its  indebtedness 
or  the  distribution  of  its  assets;  provided,  that  the  petition  shall  further 
recite  the  fact  that  an  application  will  be  made  to  the  superior  court 
of  the  State  of  California  in  and  for  the  county  in  which  the  office  of 
the  board  of  directors  of  such  district  is  required  to  be  kept,  for  a  decree 
of  dissolution  of  said  district  under  the  provisions  of  said  act.     And  in 
the  case  mentioned  in  this  section,  it  shall  not  be  necessary  to  ol)tain 
the  assent  of  any  holder  of  any  indebtedness  or  evidence  of  indebted- 
ness of  said  district  barred  l)y  any  statute  of  limitations  of  this  state 
before  the  election  provided  for  in  said  section  three,  shall  be  called. 
Upon  the  filing  of  said  petition  with  the  board  of  directors  of  said  dis- 
trict said  board  shall  call  a  special  election  at  which  shall  be  submitted 
to  the  electors  of  such  district  the  question  whether  or  not  said  district 
shall  be  dissolved.     Notice  of  such  election  mast  be  given  bv  posting 
notices  in  three  public  places  in  each  election  precinct  in  said  district 
for  at  least  twenty  days  and  also  by  publication  of  such  notice  in  some 
newspaper  published  in  the  county  where  the  office  of  the  board  of 
directors  is  required  to  be  kept,  once  a  week  for  at  least  three  successive 
weeks  before  such   election.     Such  notices  must  specify  the  time   of 
holding  the  election,  and  the  fact  that  it  is  proposed  to  dissolve  the 
district.     Said  election  must  be  held  and  the  result  thereof  determined 
and  declared  in  all  respects  as  nearly  as  practicable  in  conformity  with 
provisions  of  law  governing  the  election  of  officers  in  irrigation  districts. 
At  such  election  the  ballot  shall  contain  the  words  "Dissolution  of  the 
district — Yes"  or  "Dissolution  of  the  district — No,"  or  words  equiva- 
lent thereto.     It  shall  not  be  necessary  in  winding  up  the  affairs  of 


CALIFORNIA    IRRIGATION   DISTRICT   LAWS,  '  93 

any  district  ori^anized  under  the  laws  of  this  state  to  pay  all  or  any 
portion  of  any  debt  or  obligation  of  sneh  district,  for  the  enforcement 
of  which  debt  or  obligation  a  snit  is  barred  hy  the  laws  of  this  state,  nor 
to  pay  any  bond,  coupon,  warrant  or  other  indebtedness,  claim  or 
demand  which  shall  be  barred  by  the  laws  of  this  state  prior  to  the 
filing  of  the  petition  for  dissolution  with  the  board  of  directors  of  such 
district.     (Stats.  1913,  p.  39.) 

Sec.  3.  Upon  the  filing  of  said  petition  with  the  board  of  directors 
of  said  district  said  board  shall  call  a  special  election,  at  which  shall  be 
submitted  to  the  electors  of  such  district  the  question  whether  or  not 
said  district  shall  be  dissolved,  its  indebtedness  liquidated,  and  its 
assets  distributed  in  accordance  with  the  plan  so  proposed,  or  in  case 
no  plan  has  been  proposed,  then  in  accordance  with  a  plan  which  shall 
be  proposed  by  said  board  of  directors  in  the  notice  of  the  election,  but 
no  such  election  shall  be  called  until  the  assent  of  all  the  known  holders 
of  valid  indebtedness  against  the  district  shall  be  obtained  or  provision 
shall  be  made  in  said  plan  for  the  payment  of  such  nonasseutiug 
holders.  Notice  of  such  election  must  be  given  by  posting  nutices  in 
three  public  places  in  each  election  precinct  in  said  district  for  at  least 
twenty  days,  and  also  by  publication  of  such  notice  in  some  newspaper 
published  in  the  county  where  the  office  of  the  board  of  directors  is 
required  to  be  kept,  once  a  week  for  at  least  three  successive  weeks 
before  such  election.  Such  notices  must  specify  the  time  of  holding  the 
election,  the  fact  that  it  is  proposed  to  dissolve  the  district,  and  a  brief 
sunmiary  of  the  plan  proposed  for  lifpiidating  its  indebtedness  and 
disposing  of  its  assets.  Said  election  shall  be  held  and  the  result 
thereof  determined  and  declared  in  all  respects  as  nearly  as  practicable 
in  conformity  with  the  provisions  governing  the  election  of  officers  in 
irrigation  districts.  At  such  election  the  ballot  shall  contain  the  words 
"Dissolution  of  the  district — Yes,"  or  "Dissolution  of  the  district- 
No,"  or  words  equivalent  thereto. 

Action  in  superior  court. 

Sec.  4.  In  case  upon  such  canvass  it  is  found  and  declared  by  said 
board  of  directors  that  two-thirds  of  the  votes  cast  at  such  election  shall 
be  cast  in  favor  of  "Dissolution  of  the  district — Yes,"  then  the  said 
board  of  directors  shall  file  a  petition  in  the  superior  court  of  the 
county  wherein  is  located  the  office  of  such  board  to  determine  the 
validity  of  the  proceedings  had  and  of  the  proposed  plan  for  the  dis- 
solution of  said  district.  Such  action  shall  be  in  the  nature  of  a  pro- 
ceeding in  rem,  and  jurisdiction  of  all  parties  interested  may  be  had 
by  publication  of  a  notice  of  the  pendency  of  the  proceeding  for  at 
least  once  a  week  for  three  weeks  in  some  paper  of  general  circulation 
published  in  the  county  where  the  action  is  pending;  provided,  that 
if  the  property  of  the  district  is  situate  in  more  than  one  county  then 
the  publication  shall  be  made  in  one  paper  in  each  county  wherein  the 
same  is  situate,  such  paper  or  papers  to  be  designated  by  the  court 
having  jurisdiction  of  the  proceeding ;  jurisdiction  shall  be  complete  in 
thirty  days  after  the  completion  of  such  notice  in  the  manner  herein 
provided.  Anyone  interested  may  at  any  time  before  the  expiration  of 
said  thirty  days  appear  and  contest  the  validity  of  the  proceedings 


94  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

already  had  and  of  the  plan  proposed  for  the  dissolution  of  said  district, 
or  any  portion  thereof,  including  the  validity  of  any  portion  of  the 
indebtedness  set  out  in  said  petition,  and  the  court  may  determine  the 
validity  of  any  sales  for  assessments,  and  may  determine  the  amount  of 
any  assessment  or  assessments  due  upon  the  various  parcels  and  lots 
of  real  estate  within  said  district,  and  may  determine  the  amount  of 
any  assessment  or  assessments  theretofore  paid  upon  the  various  parcels 
and  lots  of  real  estate  therein,  and  may  in  said  proceeding  adjust  and 
determine  the  rights  and  liabilities  of  all  parties.  Such  action  shall  be 
speedily  tried  and  judgment  rendered.  Either  party  shall  have  the 
riglit  to  appeal  at  any  time  within  thirty  days  after  the  entering  of 
.such  judgment,  and  the  appeal  must  be  heard  and  determined  within 
three  months  after  the  taking  of  such  appeal. 

Procedural  rules. 

Sec.  5.  Said  petition  to  the  .superior  court  shall  set  forth  the  facts 
required  to  be  set  forth  in  the  petition  to  the  board  of  directors  and  all 
the  proceedings  therein,  and  at  the  hearing  the  court  shall  hear  and 
determine  the  regularity,  legality,  and  correctness  of  all  proceedings, 
and  in  doing  so  shall  disregard  any  error,  irregularity,  or  omission 
which  does  not  affect  the  substantial  rights  of  the  parties.  The  rules 
of  pleading  and  practice  in  the  Code  of  Civil  Procedure  not  incon- 
sistent with  the  provisions  of  this  act  are  made  applicable  to  the  pro- 
ceeding herein  provided.  The  costs  of  any  contest  may  be  allowed  and 
proportioned  between  the  parties  or  taxed  to  the  losing  party  in  the 
discretion  of  the  court,  and  no  contest  of  any  matter  or  thing  herein 
provided  for  shall  be  made  other  than  in  the  time  and  manner  herein 
specified. 

Assessment  payer  may  bring  action. 

Sec.  6.  If  no  such  proceeding  shall  have  been  filed  by  the  board  of 
directors  within  thirty  days  after  the  canvass  of  said  vote,  then  any 
district  asses.sment  payer  may  bring  an  action  in  the  superior  court  of 
the  county  wherein  the  office  of  the  board  of  directors  is  located.  The 
board  of  directors  shall  be  made  parties  defendant  and  notice  shall  be 
served  on  the  members  of  the  board  personally,  if  they  can  be  found 
in  the  state,  if  not,  then  service  by  publication  as  provided  in  section 
4,  shall  be  sufficient.  Proceedings  shall  be  had  in  the  same  manner 
and  with  the  same  effect  as  if  brought  by  the  board  of  directors. 

Corporation  may  be  organized  to  take  over  property. 

Sec.  7.  A  corporation  may  be  organized  under  general  laws  for 
the  purpose  of  acquiring  the  assets  of  said  district,  including  the  irri- 
gation system,  if  any,  dams,  reservoirs,  canals,  franchises  and  water 
rights,  which  corporation  shall  have  all  the  powers,  rights  and 
franchises  of  corporate  bodies  organized  under  general  laws,  and  in 
addition  shall  have  such  further  powers  as  may  be  necessary  to  possess 
and  carry  on  said  irrigation  system  and  exercise  such  franchise  and 
water  rights. 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  95 

Discharge  of  debts  and  distribution  of  assets. 

Sec.  8.  The  court  in  its  decree  shall  have  power  to  make  the  orders 
necessary  to  carry  out  said  proi>osition  for  the  discharge  of  the  indebt- 
edness and  distribution  of  the  property  of  said  district,  including  the 
right  to  apportion  any  indebtedness  found  due,  and  to  declare  said 
portions  liens  upon  the  various  parcels  and  lots  of  land  within  the 
district,  and  may  decree  a  sale  of  its  assets  in  such  manner  as  may 
effectuate  said  proposition  and  as  the  said  court  may  judge  best,  either 
in  one  lot  or  in  such  parcels  as  may  be  provided,  and  may  provide  for 
conveyance  of  said  irrigation  system,  including  dams,  reservoirs,  canals, 
franchises  and  water  rights,  and  also  of  any  other  assets  of  the  district, 
including  lands  sold  thereto  and  the  assessments  due  it.^ 

Assessment  liens. 

Sec.  9.  The  amounts  of  any  assessment  or  assessments  found  due 
upon  the  various  parcels  and  lots  of  real  estate  within  said  district,  and 
the  amounts  for  which  sales  have  been  made,  which  sales  have  been 
determined  to  be  valid  by  said  court,  together  with  legal  interest  from 
the  date  of  said  sales  and  from  the  time  when  said  assessments  become 
delinquent,  shall  be  liens  respectively  on  the  lots  and  parcels  affected 
thereby,  and  the  purchaser  or  purchasers  at  said  sale  may  foreclose  the 
same  by  action  in  the  superior  court,  and  shall  in  said  action  join  all 
lots,  assessments,  and  sales  which  may  have  been  purchased  by  him 
and  which  remain  unredeemed.  A  redemption  may  be  made  at  any 
time  by  payment  of  the  amount  due  to  the  clerk  of  the  court  for  the 
use  of  the  district  if  before  sale,  and  for  the  use  of  the  purchaser  if 
after  sale,  and  the  clerk  shall  thereupon  enter  a  minute  of  said  pay- 
ment, which  payment  shall  be  in  the  discharge  of  said  lien.  Redemp- 
tion from  the  lien  created  for  any  portion  of  the  indebtedness  can  be 
had  in  this  manner. 

Balance  of  funds  apportioned. 

Sec.  10.  Whenever  all  the  property  of  such  irrigation  district  shall 
have  been  disposed  of,  and  all  the  indebtedness  and  obligations  thereof, 
if  any  there  be,  shall  have  been  discharged,  the  balance  of  the  money 
of  said  district  shall  be  distributed  to  the  assessment  payers  in  said 
district  upon  the  last  assessment-roll  in  the  proportion  in  which  each 
has  contributed  to  the  total  amount  of  said  assessment,  and  the  court 
shall  enter  a  final  decree  declaring  said  district  to  be  dissolved. 

Debts  barred  by  statute  of  limitations. 

Sec  10^.  In  the  petition  mentioned  in  section  2  of  this  act  it  shall 
not  be  necessary  to  include  in  the  schedule  of  indebtedness  any  bond, 
coupon,  warrant  or  other  indebtedness,  claim  or  demand  which  shall 
have  been  barred  by  the  laws  of  this  state  prior  to  the  filing  of  said 
petition  with  the  board  of  directors  of  said  irrigation  district,  nor  shall 
it  be  necessary  in  winding  up  the  affairs  of  any  district  organized 


96  CALIFORNIA   IRRIGATION    DISTRICT   LAWS. 

under  the  laws  of  this  state  to  pay  all  or  any  portion  of  a  debt  or 
obligation  of  such  district,  for  the  enforcement  of  which  debt  or  obliga- 
tion a  suit  is  barred  bv  the  laws  of  this  state.      (New  section  approved 
March  3,  1909.     Stats!  1909,  p.  139.) 
Sec.  11.     This  act  shall  take  effect  immediately. 


INVOLUNTARY  DISSOLUTION.' 

An  act  declaring  the  conditions  upon  ^rhicli  an  irrigation  district  may 
he  dissolved,  prescnhing  the  procedure  therefor,  and  the  tvincUng  up 
of  the  affairs  of  the  district  when  dissolved. 

(Approved  May  19,   1919;   Stats.   1919,  p.   751.) 

Conditions  for. 

Section  1.  Any  irrigation  district  organized  under  any  of  the  laws 
of  the  State  of  California,  providing  for  the  organization  of  irrigation 
districts,  which 

(a)  Has  been  organized  more  than  three  years  and  has  failed  and 
neglected  to  secure  an  adequate  water  supply  and  which  does  not  have 
a  reasonable  prospect  of  securing  an  adequate  water  supply  for  the 
lands  of  the  district,  and  has  failed  and  neglected  to  obtain  the 
approval  of  the  state  water  commission  of  the  water  supply  of  said 
district  and  has  failed  and  neglected  to  obtain  the  approval. of  the 
state  engineer  of  the  plans  of  said  district,  and  has  failed  and  neglected 
to  construct  or  acquire  a  system  of  works  or  the  financing  thereof,  and 
has  failed  and  neglected  to  obtain  the  approval  of  the  irrigation  district 
bond  commission;  or 

(6)  Has  been  organized  for  more  than  ten  j^ears  and  for  more  than 
live  years  after  the  construction  or  acquisition  of  a  system  of  works  has 
failed  and  neglected  to  maintain  such  works,  or  for  five  years  or  more 
after  such  works  have  been  constructed  or  acquired  has  failed  and 
neglected  to  supply  or  make  available,  water  for  the  irrigation  of  more 
than  ten  per  cent  of  the  lands  of  the  district ; 

May  be  dissolved  and  annulled  by  the  superior  court  of  the  county 
in  which  said  district  is  located  by  proceedings  in  an  action  brought  by 
the  attorney  general  in  the  name  of  the  people  of  the  State  of  Cali- 
fornia, upon  his  own  information.  Before  such  an  action  can  be  com- 
menced in  the  courts  the  attorney  general  shall  publish  for  two  con- 
secutive weeks  in  some  newsjiaper  published  in  the  county  in  which 
the  greater  portion  of  the  district  is  located,  a  notice  to  all  parties  in 
interest  that  it  is  his  intention  to  begin  such  action  for  the  dissolution 
of  said  district.  The  rules  of  pleading  and  practice  in  the  Code  of 
Civil  Procedure  not  inconsistent  with  the  provisions  of  this  act  are  made 
applicable  to  the  proceedings  herein  provided. 

*As  to  quo  loarrunto  proceedings  under  Sec.  803,  Code  of  Civil  Procedure,  see: 

Peoiile  vs.  SeJma  Irr.  Dist.,  98  Cal.  206  ; 

People  vs.  Jefferds,  126  Cal.  296; 

People  vs.  Perris  Irr.  Dist..  132  Cal.  2  89  ; 

Byington  vs.  Sac.  Valley  Westside  Canal  Company,  170  Cal.  124. 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  97 

Investigation  by  state  engineer. 

Sec.  2.  Before  the  trial  of  the  case  the  court  nia.y  direct  the  state 
engineer  to  investigate  all  the  affairs  of  said  district ;  the  water  supply 
that  may  be  obtained  without  prohibitive  cost;  the  feasibility  and  prac- 
ticability of  irrigating  all  or  a  reasonable  amount  of  the  lands  of  said 
district ;  and  all  other  matters  which  the  court  may  direct,  or  the  state 
engineer  may  deem  pertinent  as  affecting  the  possible  success  or  failure 
of  the  district  as  an  irrigation  enterprise  and  which  may  be  necessary 
to  enable  the  court  to  determine  the  question  of  dissolution. 

For  the  purpose  of  making  such  investigation,  the  state  engineer  shall 
have  access  to  all  the  records  of  the  district,  and  all  officers  and 
employees  and  other  persons  in  any  manner  connected  with  or 
employed  by  said  district  shall  furnish  such  information  as  he  may 
require  which  has  already  been  obtained  or  determined,  including  maps, 
plans,  estimates,  field  notes,  and  other  data. 

The  state  engineer  shall  report  his  findings  and  conclusions  to  the 
superior  court  as  soon  as  practicable,  but  within  ninety  days  unless  a 
longer  time  be  granted  him  by  the  court,  but  in  no  case  to  extend 
beyond  the  period  of  one  hundred  eighty  days  in  all. 

Dissolution  and  disposition  of  property. 

Sec.  3.  Upon  final  judgment  of  dissolution  in  such  action,  the  dis- 
trict in  question  shall  be  deemed  dissolved  and  annulled.  The  court 
shall  determine  the  amount  of  indebtedness  outstanding  against  said 
district,  including  the  costs  of  the  court  action  herein  provided  for,  and 
thereafter  the  appropriate  county  officers  shall  act  as  ex  officio  officers 
of  the  district ;  the  records  and  papers  of  every  kind  belonging  to  the 
district  shall  be  turned  over  to  the  proper  county  officers.  The  county 
treasurer  shall  perform  the  duties  of  the  district  treasurer ;  the  county 
tax  collector  shall  perform  the  duties  of  the  district  tax  collector;  the 
county  assessor  shall  perform  the  duties  of  the  district  assessor;  the 
county  clerk  shall  perform  the  duties  of  the  secretary  of  the  board  of 
directors;  the  board  of  supervisors  shall  perform  the  duties  of  the 
board  of  directors;  they  shall  proceed  to  levy  and  collect  such  addi- 
tional taxes  as  may  be  necessary  upon  the  lands  embraced  within  such 
district  in  the  same  manner  and  with  the  same  procedure  for  non- 
payment that  county  taxes  are  levied  and  collected  for  the  purpose  of 
paying  such  outstanding  indebtedness  not  provided  for  by  previous 
assessments.  All  property  of  every  kind  l3elonging  to  the  district, 
including  lands  sold  to  the  district  for  taxes,  shall  be  sold  as  the  court 
may  direct  and  the  proceeds  together  with  all  money  on  hand  shall  be 
used  to  pay  off  the  indebtedness.  All  funds  remaining  after  all  out- 
standing indebtedness  has  been  paid  shall  be  apportioned  and  be  paid 
to  the  assessment  payers  according  to  the  last  assessment  roll. 

Sec.  4.  The  outstanding  indebtedness,  whether  of  bonds,  warrants, 
or  otherwise,  of  any  irrigation  district  shall  not  operate  as  a  bar  to 
dissolution  by  the  superior  court  when  provision  is  made  for  the  pay- 
ment of  such  indebtedness  in  the  manner  provided  in  section  three  of 
this  act. 


7—16169 


98  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

Alternative  method. 

Sec.  5.  This  act  is  designed  to  provide  an  alternative  method  for 
the  dissolution  of  irrigation  districts  and  shall  not  be  deemed  to  repeal 
any  other  statute  or  statutes. 

DRAINAGE. 

'  An  act  to  provide  for  drainage  hy  irrigation  districts. 

(Approved  March  18,  1907;  Stats.  1907,  p.  569.) 

Section  1.  Any  irrigation  district  heretofore  organized  or  hereafter 
to  be  organized  under  the  laws  relating  to  such  districts  may  provide 
for  any  and  all  drainage  made  necessary  by  the  irrigation  provided 
for  by  sucli  laws ;  and  the  officers,  agents  and  employees  of  such  dis- 
tricts shall  have  tlie  same  powers,  duties  and  liabilities  respecting  such 
drainage,  and  the  construction,  repair,  maintenance,  management  and 
control  thereof  as  they  now  have  or  may  hereafter  have  respecting  such 
irrigation,  and  all  laws  respecting  such  irrigation  or  such  irrigation 
districts  shall  be  so  construed,  applied  and  enforced  as  to  apply  to  such 
drainage  as  well  as  such  irrigation. 

Sec.  2.  Whenever  it  appears  necessary,  or  proper,  or  beneficial  to 
the  lands  affected  thereby,  to  drain  such  lands  or  any  portion  thereof 
on  account  of  the  irrigation  which  has  been  done,  or  which  is  intended 
to  be  done  under  such  laws,  whether  for  the  purpose  of  more  benefic- 
ially carrying  on  such  irrigation,  or  to  protect  such  districts  from 
liability  by  reason  of  such  irrigation,  whether  the  irrigation  works  have 
already  been  constructed  or  not,  it  shall  be  the  duty  of  the  board  of 
directors  to  provide  for  such  drainage,  and  said  board  and  its  officers, 
agents  and  employees  shall  do  all  necessary  and  proper  acts  for  the 
construction,  repair,  maintenance  and  management  of  drainage  work 
for  such  purpose. 

Sec.  3.     This  act  shall  take  effect  immediately. 

ELECTRICAL  POWER,  DEVELOPMENT  OF. 

An  act  to  provide  for  the  development  of  electrical  power  hij  irrigation 

districts. 

(Approved  May  21,  1919,  Stats.  1919,  p.  778;  amended  1921,  pp.  829,  1083.) 

Irrigation  district  may  develop  power. 

Section  1.  Any  irrigation  district  heretofore  organized  or  hereafter 
to  be  organized  under  the  laws  relating  to  such  district  may  provide  for 
the  construction,  acciuisition,  operation,  leasing  and  control  of  plants 
for  the  generation,  distribution,  sale  and  lease  of  electrical  energy 
including  sale  to  municipalities,  corporations,  public  utility  districts,  or 
individuals,  of  electrical  power  so  generated ;  and  said  district,  subject 
however,  to  the  conditions  in  this  section  contained,  may  make  special 
appropriations  of  water  for  power  purposes,  as  required  by  law; 
provided,  however,  that  any  use  of  water  for  generating  such  electrical 


CALIFORXIA    IRRIGATION    DISTRICT   LAWS.  99 

power  or  energy  at  any  given  time  of  the  year,  which  use  is  in  excess 
of  the  water  appropriated  and  beneficially  used  for  irrigation  purposes 
by  such  district  at  said  period  of  the  year,  shall  be  subject  to  all  prior 
existing  appropriations  by  any  municipal  corporation,  who  or  which 
is  proceeding  in  good  faith  in  the  expenditure  of  money  and  the  con- 
struction of  works  designed  to  divert  the  water  appropriated;  and  the 
officers,  agents  and  employees  of  such  districts  shall  have  the  same 
powers,  duties  and  liabilities  respecting  such  power  and  the  construc- 
tion, acquisition,  repair,  maintenance,  management  and  control  thereof 
as  they  now  have  or  may  hereafter  have  respecting  such  irrigation  or 
such  irrigation  districts.  The  California  irrigation  district  act  shall 
be  so  construed,  applied  and  enforced  as  to  apply  to  such  power  as 
well  as  such  irrigation.     (Stats.  1921,  p.  1083.) 

Powers  of  board  and  officers. 

Sec.  2.  The  board  of  directors  of  any  irrigation  district  and  its 
officers,  agents,  and  employees,  shall  do  all  necassary  and  proper  acts 
for  the  construction,  repair,  maintenance,  and  management  of  such 
electrical  power  works  for  such  purposes. 

Issue  of  bonds. 

Sec.  3.  In  case  funds  are  not  otherwise  available  an  irrigation  dis- 
trict may  issue  bonds  for  such  purpose  and  all  of  the  provisions  of  the 
California  irrigation  district  act,  relating  to  the  issuance  of  bonds  for 
other  purposes,  and  all  other  acts  relative  to  bonds  issued  under  the 
California  irrigation  district  act,  in  so  far  as  the  same  are  applicable 
to  said  bonds  shall  apply.     (Stats.  1921,  p.  829.) 

Repeal. 

Sec.  4.  All  acts  or  parts  of  acts  in  conflict  with  any  of  tlie  pro- 
visions of  this  act  are  hereby  repealed. 

HIGHWAYS,  INJURIES  TO. 

Sec.  2737.  Whoever  obstructs  or  injures  any  highway,  or  diverts 
any  watercourse  thereon,  or  drains  water  from  his  land  upon  any 
highway,  to  the  injury  thereof,  by  means  of  ditches  or  dams,  is  liable  to 
a  penalty  of  ten  dollars  for  each  day  such  obstruction  or  injury  remains, 
and  must  be  punished  as  provided  in  section  five  hundred  and  eighty- 
eight  of  the  Penal  Code.  Any  person,  persons,  or  corporation  who 
shall  be  storing  or  distributing  water  for  any  purpose,  ancl  shall  permit 
the  water  to  overflow  or  saturate,  by  seepage,  any  highway,  to  the 
injury  thereof,  shall,  upon  notification  of  the  road  commissioner  of  the 
district  where  such  overflow  or  seepage  occurs,  repair  the  damages 
occasioned  by  such  overflow  or  seepage;  and  should  such  repair  not  be 
made  within  a  reasonable  time  by  such  pereon,  persons,  or  corporation, 
.said  road  commissioner  shall  make  such  repairs,  and  recover  the  expense 
thereof  from  such  person,  persons,  or  corporation,  in  an  action  at  law. 
All  persons  excavating  irrigation,  luining,  or  draining  ditches  across 
public  highways  shall  be  required  to  bridge  said  ditches  at  such  cross- 
ings, and  upon  neglect  to  do  so,  the  road  commissioner  for  that  road 


100  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

district  shall  construct  the  same  and  recover  the  cost  of  constructing 
said  bridge  or  bridges  of  such  persons  by  action,  as  provided  in  this 
section;  provided,  that  the  supervisors  of  any  county  may  construct 
and  maintain  bridges  over  any  and  all  ditches  used  exclusively  for 
irrigation  purposes,  and  which  cross  pulilic  highways  in  the  county 
over  which  they  have  authority,  and  ma.y,  with  the  consent  of  the 
owners  of  such  ditches,  declare  any  and  all  such  bridges  to  be  public 
property,  and  maintain  and  keep  the  same  in  repair  at  the  expense  of 
such  county.  And  whoever  willfully  injures  any  public  bridge  is 
hereby  declared  to  be  guilty  of  a  misdemeanor,  and  is  also  liable  for 
actual  damages  for  such  injury,  to  be  recovered  by  the  county  in  a 
civil  action;  provided  further,  that  every  person  who  knowingly  allows 
the  carcass  of  any  dead  animal  (which  animal  belonged  to  him  at  the 
time  of  its  death)  to  be  put  or  to  remain  within  one  hundred  feet  of  any 
street,  alley,  public  highway,  or  road  in  common  use,  and  every  person 
who  puts  the  carcass  of  any  dead  animal  within  one  hundred  feet  of  any 
street,  alley,  highway,  or  road  in  connnon  use,  or  who  shall  deposit  on 
any  highway  any  refuse  or  waste  tin,  sheet-iron,  or  broken  glass,  is 
guilty  of  a  misdemeanor.     (Pol.  Code,  as  amended,  Stats.  1897,  p.  217.) 

MATERIALS  AND  SUPPLIES,  MANUFACTURE  BY  DISTRICT. 

Cement  plants,  rock  quarries,  etc. 

Sec.  4041e.  Counties,  cities  and  irrigation  districts  may  jointly  or 
severally  purchase,  lease,  or  otherwise  acquire,  or  operate,  manage  and 
control  rock  quarries,  rock  plants,  sand  pits.  Cement  plants,  and  other 
works  or  projects  for  the  extraction,  manufacture,  or  preparation  of 
rock,  sand,  cement  and  other  materials  used  by  them  in  performing 
county,  city,  or  district  functions.  (Pol.  Code,  section  added,  Stats. 
]921,  p.  191.) 

PUBLIC  USE,  IRRIGATION  IS. 

An  act  regarding  irrigation  and.  declaring  the  same  to  he  a  puJjlic  use. 

(Approved  May  1,   1911,   Stats.   1911,  p.  1407.) 

Section  1.  Irrigation  in  the  State  of  California  is  hereby  declared 
to  be  a  public  necessity  and  a  public  use,  and  the  power  to  eminent 
domain  may  be  exercised  on  behalf  of  such  public  use  in  accordance 
with  the  provisions  of  title  VII,  part  III  of  the  Code  of  Civil  Procedure 
of  the  State  of  California.  Provided  that  any  person,  firm  or  corpora- 
tion, exercising  the  power  of  eminent  domain  and  in  control  of  water 
appropriated  for  sale,  rental  or  distribution,  shall  not,  by  this  act,  be 
relieved  from  the  duty  of  furnishing  water  to  irrigate  the  lands  over 
which  any  right  of  way  is  obtained  by  condemnation  for  irrigation  : 
purposes  as  required  by  an  act  entitled,  ' '  An  act  to  regulate  and  control 
the  sale,  rental  and  distribution  of  appropriated  water  in  this  state, 
other  than  in  any  city,  city  and  county,  or  town  therein  and  to  secure 
the  rights  of  way  for  the  conveyance  of  such  water  to  the  places  of  use", 
approved  March  12,  1885,  or  any  other  law  now  in  force  in  this  state. 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  101 

Sec.  2.  This  act  shall  not  repeal  or  modifv  an  act  entitled,  "An  act 
to  regulate  and  control  the  sale,  rental  and  distribution  of  appropriated 
water  in  this  state,  other  than  in  any  city,  city  and  county,  or  town 
therein,  and  to  secure  the  rights  of  way  for  the  conveyance  of  such 
water  to  the  place  of  use",  approved  March  12,  1885.  and  other  acts 
supplemental  thereto  and  amendatory  thereof,  or  shall  the  same  be  con- 
strued to  alter  or  change  the  law  of  the  State  of  California  as  to  the 
duty  of  any  person,  firm  or  corporation  in  charge  of  a  public  use  to 
furnish  water. 

Sec.  3.     This  act  shall  be  in  force  from  and  after  its  passage. 

Appropriation  for  private  use  of  the  taker  is  not  "public  use." 
GravelU/  Ford  Co.  vs.  Pope  rf  Talbot  Co.,  36  Gal.  App.  5  56. 
See,  also.  Const.,  Art.  XIV,  p.   10  hereof. 

WATER  DISTRICT,  INCLUSION  OF  TERRITORY  ALREADY  PART 

OF  AN  IRRIGATION  DISTRICT. 

Section  la,  added,  by  Statutes  1921,  p.  1112,  to  the  act  of  June  13, 
1913.  which  provides  for  organization  of  water  districts  by  county 
boards  of  supervisors,  authorizes  "all  or  any  part  of  lands  embraced 
within  the  boundaries  of  any  irrigation  district"  to  be  included  in 
such  a  water  district  under  certain  conditions.  Said  section  is  printed 
below.  For  the  entire  text  of  the  act.  see  Stats.  1913,  p.  815 ;  amended 
Stats.  1917,  p.  1408;  Stats.  1921,  p.  1142.  (Deering,  Gen.  Laws,  Act 
No.  4349rt.) 

Sec.  la.  All  or  any  part  of  lands  embraced  within  the  boundaries 
of  any  irrigation  district  now  or  hereafter  organized  under  any  law 
or  laws  whatsoever  of  the  State  of  California  may  be  organized  into  or 
included  in  a  water  district  formed  under  the  provisions  of  this  act ; 
provided,  that  eighty  per  cent  of  the  land  within  the  boundaries  of  the 
proposed  water  district  is  not  under  irrigation  at  the  time  of  the  forma- 
tion of  the  water  district;  provided,  further,  that  no  land  within  an 
irrigation  district  which  is  also  within  the  boundaries  of  a  water  district 
formed  under  the  provisions  hereof  shall  be  released  from  any  of  the 
burdens,  obligations,  liabilities,  or  control  of  or  under  said  irrigation 
district  by  virtue  of  the  formation  of  the  water  district  and  shall  in 
every  respect  continue  to  be  a  part  of  said  irrigation  district  despite 
the  formation  of  said  water  district;  provided,  further,  that  such  water 
district  may  not  issue  bonds  in  excess  of  such  an  amount  as  may  be 
authorized  and  designated  by  the  irrigation  district  bond  commission 
created  by  the  act  entitled,  "An  act  relating  to  bonds  of  irrigation 
districts,  providing  under  what  circumstances  such  bonds  shall  be  legal 
investments  for  funds  of  banks,  insurance  companies  and  trust  com- 
panies, tnist  funds,  .state  school  funds  and  any  money  or  funds  which 
may  now  or  hereafter  be  invested  in  bonds  of  cities,  cities  and  counties, 
counties,  school  districts  or  municipalities,  and  providing  under  what 
circumstances  the  use  of  bonds  of  irrigation  districts  as  security  for  the 
performance  of  any  act  may  be  authorized,"  approved  June  13,  1913, 
or  such  other  state  commission,  department  or  agency  that  may  super- 
sede said  commission  or  succeed  to  its  functions.     (Stats.  1921,  p.  1143.) 


102  CALIFORNIA   IRRIGATION    DISTRICT   LAWS. 


CALIFORNIA  WATER  STORAGE  DISTRICT  ACT. 


A71  act  providing  for  the  organization,  operation,  maintenance,  and 
government  of  water  storage  districts,  and  for  the  acquisition, 
appropriation,  diversion,  storage,  coiiservation,  aiid  distribution  of 
water  for  irrigation  of  lands  in  such  districts,  for  drainage  and 
reclamation  connected,  therewith,  and  for  the  generation,  disposition, 
and  sale  of  hydro-electric  energy  developed  incidental  to  such  storage 
and  distribution;  and  for  the  acquisition  of  lands  or  rights  therein 
and  the  acquisition,  construction,  operation,  and  maintenayice  of 
works  to  carry  into  effect  the  provisions  of  tliis  act;  and  conferring 
upon  the  state  engineer  certain  additional  duties  and  powers  in 
connection  with  the  carrying  out  of  the  purposes  of  said  act  and 
providing  for  the  appointment  of  directors  to  assist  the  state  engi- 
neer in  so  doing  and  defining  said  duties  and  powers;  and  repealing 
the  California  irrigation  act  approved  June  4,  1915,  and  all  acts 
amendatory  thereof. 

(Approved  June  3,  1921;  Stats.   1921,  p.   1727.) 

STATE  ENGINEER. 

State  engineer,  powers  and  duties  of. 

Section  1.  The  state  engineer  shall  have  the  powers  and  duties  in 
this  act  conferred  upon  him,  in  addition  to  the  other  powers  and  duties 
possessed  by  or  imposed  upon  him  by  law,  and  shall  also  possess  and 
exercise  such  further  powers  and  authority  as  may  be  necessary  to 
enal)le  him  to  fully  perform  the  duties  imposed  upon  him  by  this  act, 
including  the  employment  of  such  eiigineers,  attorneys,  superijitendents, 
inspectors,  and  other  assistants  as  he  may  deem  necessary,  and  the 
fixing  of  their  compensation,  which  together  with  the  cost  and  expense 
of  all  w^ork  done  in  connection  with  the  performance  of  such  duties 
under  this  act  shall  ])e  paid  by  the  districts  to  be  formed  hereunder  as 
hereinafter  provided  for  payment  of  other  expenses  of  the  district. 

Executive  directors,  appointment,  powers  and  duties  of. 

Sec.  2.  For  the  purpose  of  facilitating  and  expediting  the  perform- 
ance of  the  duties  in  this  act  imposed  upon  the  state  engineer  and  to 
provide  against  interference  with  the  performance  of  the  other  duties 
imposed  upon  him  by  law,  and  to  provide  for  the  equalization  of  assess- 
ments ill  this  act  provided  for,  the  governor  shall  within  thirty  days 
after  the  date  upon  which  this  act  takes  jeffect  name  and  designate  two 
persons  to  be  known  and  hereinafter  referred  to  as  executive  directors, 
one  of  whom  shall  have  at  least  five  years'  practical  experience  in  irri- 
gation and  the  other  of  whom  shall  have  had  at  least  five  years'  experi- 
ence in  administration  and  both  of  whom  shall  be  residents  of  this  state 
and  continue  to  be  sucli  r.esidents  during  their  term  of  office,  which 
term  shall  be  four  years,  and  until  their  successors  have  been  named 
and  have  qualified.     Their  successors  shall  be  named  and  designated  in 


CALIFORNIA   IRRIGATION    DISTRICT   LAWS.  103 

like  manner.  Each  of  said  executive  directors  shall  receive  as  com- 
pensation the  sum  of  twenty  dollars  per  day  for  each  day  employed 
by  him  in  the  performance  of  duties  under  this  act,  and  shall  receive 
actual  traveling  expenses  while  engaged  in  such  duties,  which  shall  be 
chargea])le  as  a  part  of  the  cost  of  the  project  of  the  district  for  which 
such  duties  are  performed.  The  powers  and  duties  herein  conferred 
and  imposed  upon  the  state  engineer  may  be  exercised  by  said  executive 
directors  under  the  direction  of  the  state  engineer. 

ORGANIZATION  OF  WATER  STORAGE  DISTRICT. 
Who  may  propose  organization  of  district. 

Sec.  3.  A  majority  in  number  of  the  holders  of  title  or  evidence  of 
title  to  lands  already  irrigated  or  susceptible  of  irrigation  from  a 
common  source  and  by  the  same  system  of  storage  and  irrigation  works 
and  representing  a  majority  in  value  of  said  lands  may  by  written 
petition  propose  the  organization  of  a  water  storage  district  under  the 
provisions  of  this  act  which  shall  comprise  lands  so  irrigated  or  sus- 
ceptible of  irrigation  and  may  include  therein  lands  situated  in  other 
distinctive  district  agencies  of  the  state  including  other  water  storage 
districts  having  different  plans  and  purposes  and  the  object  of  which 
is  not  the  same;  organization  of  such  a  district  under  the  provisions 
of  this  act  may  also  be  proposed  by  written  petition  signed  by  not  less 
than  tive  hundred  petitioners  who  are  holders  of  title  or  evidence  of  title 
to  lands  therein;  provided,  that  the  said  petitioners  must  include  the 
holders  of  title  or  evidence  of  title  to  not  less  than  ten  per  cent  in  value 
of  the  lands  within  said  proposed  district.  Such  lands  proposed  to  be 
organized  into  a  water  storage  district  need  not  consist  of  contiguous 
parcels  but  may  include  the  major  portion  of  the  lands  situated  within 
two  or  more  district  agencies  of  the  state. 

Petition  to  organize  district. 

Sec.  4.  In  order  to  propose  the  organization  of  a  water  storage 
district,  a  petition  signed  as  provided  in  the  preceding  section  setting 
forth  generally  the  boundaries  of  the  proposed  district  or  describing 
the  lands  situated  therein,  and  the  location  proposed  for  the  storage  of 
water  to  be  used  for  such  irrigation,  any  drainage  or  reclamation  con- 
nected therewith,  and  any  incidental  development  of  hydro-electric 
energy,  and  the  nature  of  the  proposed  works,  and  praying  that  the 
territory  embraced  within  said  proposed  district  may  be  organized 
as  a  water  storage  district  under  the  provisions  of  this  act,  shall  be 
presented  to  the  state  engineer.  The  petition  may  consist  of  any 
number  of  separate  instruments,  and  must  be  accompanied  with  a  good 
and  sufficient  undertaking,  to  be  approved  by  the  state  engineer,  in 
double  the  amount  of  the  probable  cost  of  organizing  such  district  as 
estimated  by  said  state  engineer,  conditioned  that  the  sureties  shall 
pay  all  of  said  costs  in  case  said  organization  shall  not  be  finally  effected, 
and  said  state  engineer  shall  have  power  to  require  the  furnishing  of 
any  additional  undertaking,  or  undertakings,  or  payments  of  money,  in 
case  he  should  deem  the  same  necessary.  Upon  the  presentation  and 
filing  of  said  petition  and  undertaking  in  the  office  of  the  said  state 
engineer  the  said  engineer  shall  forthwith  fix  a  time  and  place  at  which 


104  CALIFORNIA    IRRIGATION    DISTRICT   LAWS, 

he  will  hear  said  petition,  which  time  shall  be  not  less  than  twenty 
nor  more  than  thirty  days  after  the  presentation  and  filing  of  said 
petition.  Said  petition,  together  with  a  notice  stating  the  time  and 
place  of  the  hearing  so  fixed  by  said  engineer,  shall  be  published  in 
each  county  in  which  any  of  the  lands  of  said  proposed  district  are 
situate  by  said  state  engineer  once  a  week  for  four  successive  weeks 
before  said  hearing.  Said  notice  shall  be  issued  by  said  state  engineer, 
shall  refer  to  said  petition,  and  shall  be  directed  to  the  persons  named 
as  petitioners  therein,  and  to  all  other  persons  holding  title  or  evidence 
of  title  to  any  lands  included  within  the  water  storage  district  pro- 
posed in  said  petition,  and  to  all  persons  having  or  claiming  any  right, 
title,  or  interest  in  and  to  the  waters  proposed  to  be  stored,  acquired, 
or  used  as  set  out  in  said  petition,  and  to  all  other  persons  who  may  be 
interested  in  or  affected  by  the  project  contemplated  in  said  petition, 
and  shall  be  substantially  in  the  following  form : 

Before  the  state  engineer.  State  of  California. 

To  the  persons  named  as  petitioners  in  the  foregoing  petition,  to  all 
persons  holding  title  or  evidence  of  title  to  lands  included  within  the 
water  storage  district  proposed  therein ;  to  all  persons  having  or 
claiming  any  right,  title,  or  interest  in  or  to  the  waters  proposed  to  be 
stored,  acquired,  or  used  as  set  out  in  said  petition ;  and  to  all  other 
persons  who  may  be  interested  in  or  affected  by  the  project  contem- 
plated in  said  petition : 

You,  and  each  of  you,  are  hereby  notified  that  the  foregoing  petition 

was  filed  with  the  state  engineer  on  the day  of , 

,  and  will  be  heard  by  said  engineer  at on  the 

day  of , ,  at  the  hour  of ,  -.m.  of  that  day,  at 

which  time  and  place  said  engineer  will  hear  and  receive  evidence  in 
support  of  said  petition  or  any  objections  which  may  be  presented 
thereto,  and  will  hear  and  determine  the  right  of  all  parties  holding 
title  or  evidence  of  title  to  lands  not  included  in  the  water  storage 
district  proposed  in  said  petition,  but  which  lands  are  alread}^  irrigated 
or  susceptible  of  irrigation  from  the  same  common  source  and  by  the 
same  system  of  storage  and  irrigation  works  as  are  particularly  referred 
to  and  described  in  said  petition,  to  have  said  lands  included  in  said 
district. 

This  notice  is  given  pursuant  to  the  provisions  of  an  act,  approved 

,  and  known  as  California  water  storage  district 

act,  to  which  said  act  particular  reference  is  herebj'  made. 

Dated: 


State  engineer. 

When  contained  upon  more  than  one  instrument  one  copy  only  of 
such  petition  need  be  published  but  the  names  attached  to  all  said 
instruments  must  appear  in  such  publication.  Signatures  to  the  peti- 
tion may  be  withdrawn  at  any  time  before  the  publication  is  commenced 
as  in  this  section  recpiired,  by  filing  a  declaration  signed  by  the  peti- 
tioner, with  the  state  engineer,  stating  that  it  is  the  intention  of  the 
petitioner  to  withdraw  therefrom,  which  declaration  shall  be  a(3know- 
ledged  in  the  same  manner  as  conveyances  of  real  estate  are  required 
to  be  acknowledged. 


CALIPORNL\    IRRIGATION   DISTRICT   LAWS,  105 

Hearing  on  petition. 

Sec.  5.  At  the  time  and  place  fixed  in  said  notice  the  state  engineer 
shall  proceed  to  hear  said  petition  and  to  determine  whether  or  not 
the  same  complies  with  the  requirements  hereinbefore  set  forth  and 
whether  or  not  the  notice  required  herein  has  been  published  as 
required,  and  must  hear  all  competent  and  relevant  testimony  otfered  in 
support  of  or  in  opposition  thereto.  Said  hearing  may  be  adjourned 
from  time  to  time  for  the  determination  of  said  facts,  not  exceeding 
two  weeks  in  all.  No  defect  in  the  contents  of  the  petition  or  in  the 
title  to  or  form  of  the  notice  or  signatures,  and  no  lack  of  signatures 
thereto,  or  to  the  petition  as  published,  shall  vitiate  any  proceedings 
thereon ;  provided,  such  petition  or  petitions  have  a  sufficient  number 
of  qualified  signatures  attached  thereto.  The  determination  of  said 
engineer  shall  be  expressed  by  an  order  establishing  the  facts.  If  said 
state  engineer  shall  determine  that  any  of  the  requirements  herein- 
before set  forth  have  not  been  complied  with  the  matter  shall  be  dis- 
missed, but  without  prejudice  to  the  right  of  the  proper  number  of  per- 
sons to  present  a  new  petition  covering  the  same  matter  or  to  present  the 
same  petition  with  additional  signatures,  if  such  additional  signatures 
are  necessary  to  comply  with  the  requirements  of  this  act.  If  the  state 
engineer  shall  determine  that  all  the  said  requirements  have  been 
complied  with  the  said  engineer  shall  forthwith  proceed  to  hear  said 
petition  and  all  evidence  offered  in  support  of  the  petition  and  in 
support  of  said  written  objections,  and  the  written  application  of  any 
holder  of  title  or  evidence  of  title  to  lands  included  in  said  proposed 
water  storage  district  to  have  said  lands  excluded  therefrom,  and  to 
also  receive  the  written  application  of  the  holder  of  title  or  evidence 
of  title  to  other  lands  already  irrigated  or  susceptible  of  irrigation 
from  the  common  source  and  by  the  same  system  of  storage  and  irriga- 
tion works  in  said  petition  more  particularly  referred  to  and  described, 
to  have  said  lands  included  in  said  district  and  to  participate  in  the 
benefits  of  such  water  storage  district.  Said  engineer  shall  ascertain 
and  determine  the  practicability,  feasibility,  and  utility  of  the  proposed 
project  set  forth  in  said  petition,  and  for  that  purpose  may  make,  or 
cause  to  be  made,  all  necessary  studies,  examinations,  surveys,  plans, 
and  estimates  of  cost,  and  in  connection  therewith  said  state  engineer 
may  employ  all  necessary  engineers,  attorneys,  and  other  assistants, 
or  acquire  and  use  estimates,  surv^eys,  and  reports  theretofore  made, 
for  the  accomplishment  of  said  purposes,  and  the  cost  thereof  shall  not 
in  the  aggregate  exceed  a  sum  in  dollars  equal  in  amount  to  one-fourth 
the  number  of  acres  in  such  proposed  district  and  shall  be  deemed  a 
part  of  the  expense  of  said  project,  and  said  state  engineer  may  require 
the  same  to  be  paid  by  the  proponents  of  said  district  or  may  issue 
warrants  therefor  and  which  payment  and  warrants  shall  be  considered 
and  treated  in  all  respects  as  warrants  of  the  district  and  which  shall 
be  payable  out  of  the  funds  of  said  district  when  the  organization 
thereof  has  been  completed,  and  the  same,  if  necessary,  may  be  included 
in  any  bond  issue  authorized  for  the  purposes  of  said  district.  If  said 
district  shall,  as  a  result  of  any  election  hereiimfter  provided  for,  be 
not  organized,  any  warrants  issued  by  said  state  engineer  or  board  of 
directors  of  said  district  upon  the  funds  of  the   district  shall  be  a 


106  CALIFORNIA   IRRIGATION    DISTRICT   LAWS. 

charge  upon  the  undertaking,  or  undertakings,  hereinbefore  and  in  sec- 
tion four  of  this  act  provided  for,  and  shall  thereupon  become  due  and 
payable  by  the  sureties  therein  named,  and  the  holders  of  said  warrants 
shall  have  a  cause  of  action  against  said  sureties  thereon. 

Order  on  petition. 

Sec.  6.  Upon  the  final  hearing  of  said  petition  the  state  engineer 
shall  make  an  order  reaffirming  hi.s  concliLsions  as  to  the  genuineness 
and  sufficiency  of  the  petition,  affirming  the  regularity  and  sufficiency 
of  the  notice  of  hearing  thereon,  and  determining  the  practicability, 
feasibility,  and  utilitj^  of  the  proposed  project.  The  said  engineer  shall 
also  in  his  said  order  establish  the  boundaries  of  the  proposed  district 
or  describe  the  lands  included  therein,  specify  the  location  proposed 
for  the  storage  of  water  to  be  used  for  any  of  the  purposes  of  this 
act,  and  provide  an  estimate  of  the  probable  cost  of  the  proposed  pro- 
ject ;  and  in  so  doing  shall  make  such  changes  in  any  of  the  matter  or 
proposals  set  forth  in  said  petition  as  he  may  deem  advisable.  The 
said  state  engineer  also  shall  in  his  said  order  divide  said  proposed 
district  into  five,  seven,  nine,  or  eleven  divisions  in  such  manner  as  to 
segregate  into  separate  divisions  lands  possessing  the  same  general 
character  of  water  rights  or  interests  in  and  to  the  waters  of  such 
common  source,  which  divisions  shall  be  numbered  first,  second,  third, 
fourth,  and  fifth,  and  sixth,  seventh,  eighth,  ninth,  tenth,  or  eleventh, 
according  to  the  number  of  such  divisions.  The  order  of  said  state 
engineer,  made  as  in  this  section  provided,  shall  ])e  signed  by  him  and 
entered  in  full  upon  the  records  kept  by  him.  A  copy  of  such  order 
certified  by  said  state  engineer,  together  with  a  map  showing  the 
exterior  boundaries  of  the  district  and  indicating  the  lands  if  any 
excluded  therefrom,  shall  forthwith  be  filed  for  record  in  the  office  of 
the  county  recorder  of  eacli  county  in  which  any  of  the  lands  within 
the  said  district  are  situated.  The  finding  of  said  state  engineer  in 
favor  of  the  genuineness  and  sufficiency  of  the  petition  and  the  regu- 
larity and  sufficiency  of  the  notice  of  hearing  thereon  shall  l)e  filial  and 
conclusive  against  all  persons  except  the  State  of  California  upon  suit 
commenced  by  the  attorney  general.  Any  such  suit  must  be  com- 
menced within  ninety  daj's  after  the  date  of  first  filing  in  the  office  of 
any  county  recorder  of  such  certified  copy  of  said  order  as  herein- 
above required. 

Election  on  organization. 

Sec.  7.  Said  state  engineer  shall,  within  sixty  days  after  the  filing 
of  said  order,  give  notice  of  an  election  to  be  held  in  the  proposed 
district  for  the  purpose  of  determining  whether  or  not  the  same  shall 
be  organized  under  the  provisions  of  this  act.  Such  notice  shall 
describe  the  boundaries  so  established,  or  the  lands  so  included,  and  the 
divisions  so  created,  and  shall  designate  a  name  for  the  proposed  dis- 
trict, and  said  notice  shall  be  published  once  a  week  for  at  least  three 
weeks  previous  to  such  election  in  each  county  in  which  any  land  in  the 
proposed  district  is  situated.  Such  notice  shall  require  ballots  to  be 
cast  which  shall  contain  the  words  ''Water  storage  district — Yes"  or 
"Water  storage  district — No,"  or  words  equivalent  thereto,  and  also 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  107 

the  names  of  persons  to  be  voted  for  at  said  election.  For  the  purposes 
of  said  election  the  state  engineer  mnst  establish  a  convenient  nnmber 
of  election  precincts  in  said  proposed  district  and  define  the  bonndaries 
tliereof  and  at  least  one  such  precinct  must  be  established  for  each 
division  of  said  district  and  said  state  engineer,  at  the  time  of  calling 
said  election,  shall  in  his  order  designate  voting  places  and  appoint 
three  landholders  of  the  district  to  act  as  a  board  of  election  at  each 
voting  place.  Such  election  shall  be  conducted  as  nearly  as  practicable 
in  accordance  with  the  general  water  storage  district  election  as  in  this 
act  provided,  but  no  particular  form  of  ballot  shall  be  required.  Nom- 
inating petitions  for  officers  to  be  elected  at  such  election  shall  be 
filed  as  provided  in  section  thirty-nine  of  this  act  except  that  the  same 
shall  be  filed  in  the  office  of  the  state  engineer. 

Election  of  directors. 

Sec.  8.  At  such  election  there  shall  be  elected  a  board  of  directors 
corresponding  in  number  to  the  number  of  divisions  in  the  district,  and 
a  treasurer.  None  of  said  directors  shall  be  elected  by  the  district  at 
large,  but  one  director  shall  be  elected  by  each  division  to  represent 
such  division.  Said  officers  shall  cjualify  in  the  same  manner  as  is 
provided  for  the  qualification  of  the  same  officers  elected  at  a  general 
water  storage  district  election  as  hereinafter  in  this  act  provided. 

Qualification  of  voters. 

Sec.  9.  No  person  shall  be  entitled  to  vote  at  such  election  unless 
he  holds  title  or  evidence  of  title  to  land  in  such  district  and  each 
qualified  voter  shall  be  entitled  to  vote  in  person  or  by  written  proxy 
in  each  precinct  in  which  he  is  such  holder  of  title  or  evidence  of  title 
to  land,  and  to  cast  one  vote  for  each  one  hundred  dollars'  worth,  or 
fraction  thereof,  of  land  in  said  precinct  owned  by  him. 

Canvass  of  votes. 

Sec.  10.  The  state  engineer  shall  on  the  second  Monday  succeeding 
such  election  proceed  to  canvass  the  votes  east  thereat  and  if  upon  such 
canvass  it  appears  that  a  majority  of  all  the  votes  cast  are  "Water 
storage  district — Yes"  said  engineer  shall,  by  an  order  entered  in  the 
records  kept  by  him,  declare  the  territory  duly  organized  as  a  water 
storage  district  under  the  name  theretofore  designated,  and  shall 
declare  the  candidate  for  director  receiving  at  such  election  the  highest 
number  of  votes  in  each  division  to  be  duly  elected  a  director,  and 
the  candidate  for  treasurer  receiving  the  highest  number  of  votes  in  the 
district  to  be  duly  elected  treasurer.  If  upon  such  canvass  it  appears 
that  a  majority  of  all  the  votes  cast  are  "Water  storage  district — No," 
then  the  result  of  such  election  shall  be  declared  accordingly  and 
entered  of  record  in  the  records  kept  by  the  state  engineer. 

Order  on  election,  filing  of. 

Sec.  11.  If  such  order  on  election  shall  declare  the  territory  duly 
organized  as  a  water  storage  district  the  said  state  engineer  shall  forth- 
with cause  a  copy  of  such  order,  duly  certified,  to  be  filed  for  record 
in  the  office  of  the  county  recorder  of  each  county  in  which  any  portion 


108  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

of  the  lands  embraced  in  sneh  district  is  situated,  and  from  and  after 
such  filing  the  organization  of  such  district  shall  be  complete  and  said 
district  shall  liave  the  powers  and  rights  conferred  upon  it  b}'  the  pro- 
visions of  this  act.  Said  state  engineer  shall  at  the  same  time  issue 
certificates  of  election  to  the  persons  declared  in  said  order  to  be  elected 
directors  and  treasurer. 

ORGANIZATION  OF  BOARD  OF  DIRECTORS  AND  REPORT  OF 

BOARD  ON  PROJECT. 

Board  of  directors,  tenure  of  office. 

Sec.  12.  The  directors  and  treasurer  elected  at  such  election,  after 
qualifying  by  receiving  their  certificates  of  election  and  subscribing 
the  official  oath  and  giving  the  required  bonds,  shall  immediately  enter 
upon  their  duties  and  shall  hold  office,  respectively,  until  their  suc- 
cessors are  elected  and  qualified. 

Board  of  directors,  organization  of. 

Sec.  13.  The  directors  shall  on  the  first  Tuesday  after  their  elec- 
tion and  qualification  meet  and  organize  as  a.  board  and  select  and 
designate  an  office  of  the  board,  which  shall  also  be  the  office  of  the 
district,  at  which  the  board  shall  thereafter  hold  its  meetings.  The 
board  shall  then  proceed  to  classifv  themselves  bv  lot  into  two  classes, 
as  nearly  equal  in  number  as  possible,  and  the  term  of  office  of  the 
class  having  the  greater  number  shall  expire  on  the  first  Tuesday  in 
March  following  the  next  general  February  election  in  this  act  provided 
for;  and  the  term  of  office  of  the  class  having  the  lesser  number  shall 
terminate  on  the  first  Tuesday  in  INIarch  following  the  next  general 
February  election  thereafter.  After  such  classification  the  board  shall 
elect  a  president  from  their  number  and  shall  appoint  a  secretary, 
each  of  whom  shall  hold  office  during  the  pleasure  of  the  board.  The 
salary  of  the  secretary  and  the  amount  of  the  bond  to  be  given  by  him 
for  the  faithful  performance  of  his  duties  shall  be  fixed  b}'  the  board. 

Board  of  directors,  meetings  of. 

Sec.  11.  The  board  of  directors  shall  thereafter  hold  regular  meet- 
ings on  the  first  Tuesday  of  each  month  at  the  place  selected  as  the 
office  of  the  board;  provided,  that  such  board  may  by  resolution  duly 
entered  upon  its  minutes  fix  any  other  time  or  place  for  the  regular 
monthly  meeting,  but  no  such  change  shall  become  effective  until  after 
the  resolution  making  such  change  shall  have  been  published  once  a 
week  for  two  successive  weeks  in  the  county  in  which  the  office  of  the 
board  of  directors  is  located.  Such  special  meetings  of  the  board  of 
directors  may  be  held  as  may  be  required  for  the  proper  transaction 
of  the  business  of  the  district,  but  a  special  meeting  must  be  ordered 
by  a  majority  of  the  board.  The  order  must  be  entered  of  record, 
and  five  days  notice  thereof  must  be  given  by  the  secretary  to  each 
director  not  .joininu'  in  the  order.  The  order  must  specify  the  business 
to  be  transacted,  and  no  otlier  Inisiness  than  that  specified  in  the  order 
may  be  transacted  at  such  special  meeting,  unless  all  the  members  are 
present  and  consent  to  the  consideration  of  any  business  not  specified 


CALIFORNIA    IRRIGATION   DISTRICT   LAWS.  109 

in  said  order.  All  meeting.s  of  the  board  must  be  public  and  a  majority 
shall  constitute  a  quorum  for  the  transaction  of  business.  A  smaller 
number  of  directors  than  a  quorum  may  adjourn  from  day  to  day.  All 
records  of  the  boards  shall  be  open  to  public  inspection  during  business 
hours. 

Board  of  directors,  complementary  powers  and  duties  of. 

Sec.  15.  -  The  board  of  directors  shall  have  in  addition  to  the  powers 
and  authority  hereinbefore  and  hereinafter  conferred  upon  it,  such 
further  powers  and  authority  as  may  be  necessary  to  enable  it  to  fully 
perform  the  duties  imposed  upon  it  by  this  act. 

Provisions  for  defraying  preliminary  expenses. 

Sec.  16.  The  board  of  directors  must  and  shall  at  its  first  regular 
2nonthly  meeting  levy  an  assessment  of  an  equal  amount  upon  each 
acre  of  land  in  said  district  sufficient  to  pay  all  warrants  issued  by  the 
state  engineer  in  accordance  with  the  provisions  of  this  act,  and  in 
addition  thereto  an  amount  sufficient  in  the  judgment  of  said  board  to 
defray  all  other  expenses  incurred  or  to  be  incurred  by  or  for  the 
benefit  of  said  district  prior  to  the  appointment  of  the  commissioners 
provided  for  in  section  nineteen  of  this  act.  In  the  event  the  assess- 
ment so  levied  for  the  purposes  aforesaid  shall  not  be  sufficient,  it  shall 
be  the  dut}'  of  the  board  of  directors  to  levy  an  additional  assessment, 
or  assessments;  provided^  hoivever,  the  total  of  all  such  assessments 
exclusive  of  the  amount  assessed  to  pay  all  warrants  issued  by  the 
state  engineer  shall  not  exceed  fifty  (50)  cents  per  acre.  Thereafter  if 
it  shall  become  necessar}'  to  provide  funds  for  the  payment  of  any 
expense  incurred  by  or  on  behalf  of  the  district  subsequent  to  the 
appointment  of  said  commissioners  and  prior  to  the  assessment  pro- 
vided for  in  section  nineteen  of  tliis  act,  the  board  of  directors  shall 
levy  such  additional  assessment,  or  assessments,  of  an  equal  amount 
upon  each  acre  of  land  in  said  district  as  may  be  necessary  to  pay  such 
expenses.  Said  assessment,  or  assessments,  so  levied  shall  constitute 
a  lien  upon  the  lands  affected  thereby  until  the  full  amount  thereof 
is  paid,  which  lien  shall  be  prior  to  all  other  liens  except  state,  county, 
and  municipal  taxes  and  assessments  or  taxes  levied  or  assessed  by  or 
under  statutory  authority,  and  shall' be  collected  in  the  same  manner 
as  other  assessments  provided  for  in  this  act. 

Board  of  directors,  preparation  and  submission  of  report  of. 

Sec.  17.  The  board  of  directors  shall,  upon  the  organization  of  a 
Avater  storage  district  as  in  this  act  provided,  proceed  to  make  or  cause 
to  be  made,  all  such  examinations,  surveys,  detailed  plans  and  specifi- 
cations, and  estimates  of  costs  for  the  ac(iuisition,  appropriation,  diver- 
.sion,  storage,  conservation,  and  distribution  of  water,  any  drainage  or 
reclamation  works  connected  therewith,  and  the  generation  of  hydro- 
electric energy  incident  thereto,  and  the  sale  and  distribution  thereof,  as 
may  be  necessary  or  requi.site  to  enable  said  board  of  directors  to 
ascertain  and  estimate  the  requirements  and  works  necessary  as  afore- 
said for  the  purposes  of  said  water  storage  district  and  the  probable 


110  CALIFORNIA   IRRIGATION    DISTRICT   LAWS. 

cost  and  expense  thereof,  and  to  make  a  report  thereof  as  hereinafter 
provided.  In  such  connection  said  board  may  nse  and  adopt  all 
previons  estimates,  surveys,  reports,  and  other  data  it  may  have  acquired 
or  which  are  available  to  it  adapted  to  that  purpose,  and  may  employ 
all  necessary  engineers,  attorneys,  and  other  assistants  for  the  accom- 
plishment of  said  purposes,  and  the  cost  thereof  shall  be  deemed  a  part 
of  the  expense  of  said  project,  and  such  board  may  issue  warrants 
therefor,  which  shall  be  payable  out  of  the  funds  of  said  district  and 
may  be  included  in  any  bond  issue  authorized  for  the  purposes  of  said 
district. 

Upon  the  completion  of  said  examination  and  study  of  the  proposed 
project  by  the  said  board  of  directors,  the  said  board  shall  prepare  and 
file  in  the  office  of  the  state  engineer  a  report  thereof,  in  which  said 
report  shall  be  set  forth  in  full  and  in  detail  the  character  and  nature 
of  the  proposed  works,  a  description  of  the  rights,  both  to  waters  and 
lands,  it  will  be  necessary  to  acquire  to  carry  said  project  to  completion, 
accompanied  by  detailed  plans  and  specifications,  and  a  detailed  estimate 
of  the  costs  of  said  project,  including  the  acquisition  of  all  rights 
necessary  to  the  completion  and  operation  thereof.  The  board  of 
directors  shall  attach  to  said  report  a  recommendation  that  said  project 
shall  be  carried  out  in  accordance  with  the  plans  and  specifications  in 
said  report  contained,  or  that  said  project  be  abandoned.  Such  report 
when  completed  shall  be  signed  by  a  majority  of  the  board  of  directors 
and  entered  in  full  upon  the  minutes  of  said  board.  A  copy  of  such 
report  certified  by  the  secretary  of  said  board  of  directors  shall  be 
filed  in  the  office  of  the  state  engineer. 

PROCEEDINGS  OF  STATE  ENGINEER  SUBSEQUENT  TO  REPORT 

OF  BOARD  OF  DIRECTORS. 

Action  of  adverse  report. 

Sec.  18.  If  the  said  board  of  directors  recommends  that  said  pro- 
ject be  abandoned  the  state  engineer  shall  make  such  further  investiga- 
tion of  said  project  as  is  in  his  judgment  desirable  and  shall  within 
sixty  days  after  the  filing  of  said  report  make  and  enter  upon  the  records 
kept  by  him  an  order  either  (a)  approving  and  confirming  the  said 
report  and  recommendation  and  declaring  said  project  abandoned, 
which  said  order  shall  be  without  prejudice  to  the  presentation  of 
another  petition  covering  the  same  matter,  or  (6)  approving  and 
adopting  the  said  report  but  taking  no  action  with  respect  to  the  said 
recommendation,  and  calling  another  election  to  be  held  in  the  district 
for  the  purpose  of  determining  whether  or  not  the  recommendation  of 
said  board  of  directors  shall  be  adopted  or  rejected.  In  the  event  the 
said  order  so  made  and  entered  by  the  state  engineer  shall  call  an 
election,  said  state  engineer  shall  within  thirty  days  after  the  entry  of 
said  order  give  notice  of  such  election.  Said  notice  shall  be  published 
once  a  week  for  at  least  three  weeks  previous  to  such  election  in  each 
county  in  which  any  land  in  the  district  is  situated.  Said  notice  shall 
require  ballots  to  be  cast,  which  shall  contain  the  words  "Completion 
of  project — Yes"  or  "Completion  of  project — No."  For  the  purposes 
of  said  election  the  state  engineer  must  establish  a  convenient  number 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  Ill 

of  election  precincts  in  said  district  and  define  the  bonndaries  thereof 
and  said  state  engineer  at  the  time  of  calling  said  election  shall  in  his 
order  designate  voting  places  and  appoint  three  land  holders  of  the 
district  to  act  as  a  board  of  election  at  each  voting  place.  Such  elec- 
tion shall  be  conducted  as  nearly  as  practicable  in  accordance  with  the 
provisions  of  this  act  relating  to  general  water  storage  district  elections, 
but  no  particular  form  of  ballot  shall  be  required.  The  qualification 
of  voters  at  said  election  shall  be  the  same  as  prescribed  for  the  original 
election  on  organization  of  district,  and  the  votes  cast  at  said  election 
shall  be  canvassed  in  the  same  manner  as  votes  cast  at  said  original 
election,  and  the  result  of  such  election  shall  be  declared  and  entered 
of  record  in  the  minutes  of  the  board.  If  such  result  shall  show  a 
majority  of  all  the  votes  cast  are  "Completion  of  project — No,"  the 
state  engineer  shall  make  and  enter  in  his  records  an  order  declaring 
said  project  aliandoned,  and  requiring  all  persons,  except  the  holders 
of  warrants  issued  pursuant  to  the  provisions  of  this  act  and  which 
have  been  duly  presented  for  payment,  having  claims  against  said 
district,  or  proposed  district,  to  file  them  with  the  necessary  vouchers 
within  three  months  from  the  making  of  said  order  in  the  office  of  said 
state  engineer.  Notice  of  said  order  requiring  presentation  of  claims 
stating  the  time  and  place  thereof  shall  be  published  in  the  county  in 
which  the  office  of  the  district  is  located  by  said  state  engineer  once  a 
week  for  four  successive  weeks,  the  first  publication  of  which  said  notice 
shall  be  made  within  ten  days  after  the  making  of  said  order.  After 
all  warrants  issued  under  the  provisions  of  this  act  which  have  been 
duly  presented  for  payment  and  all  claims  that  have  been  duly  pre- 
sented and  have  been  allowed  and  approved  by  said  state  engineer  or  the 
board  of  directors  of  said  district,  have  been  paid,  said  state  engineer 
shall  forthwith  cause  a  copy  of  said  order  declaring  said  project 
abandoned,  duly  certified  by  said  state  engineer,  to  be  filed  for  record 
in  the  office  of  the  county  recorder  of  each  county  in  which  any  portion 
of  the  land  embraced  in  said  district  is  situated,  and  from  and  after 
such  filing  said  district  shall  be  deemed  dissolved  and  all  liens  which 
may  have  attached  to  any  of  the  lands  therein  under  any  provisions 
of  this  act  shall  be  discharged  and  any  undertaking  given  pursuant 
thereto  shall  be  annulled  and  of  no  further  etfect.  If  the  canvass  of  the 
votes  cast  at  such  election  show  a  majority  of  all  votes  cast  are  "Com- 
pletion of  project — Yes"  said  state  engineer  shall  thereupon  appoint 
the  commissioners  provided  for  in  section  nineteen  of  this  act  and 
thereafter  such  proceedings  shall  be  taken  and  followed  as  are  provided 
in  said  section  nineteen  and  subsequent  sections  of  this  act. 

Action  on  favorable  report,  assessment  of  project  cost  by  commissioners,  and 
review  thereof  by  adjustment  board. 

Sec.  19.  If  the  board  of  directors  recommends  that  said  project 
be  carried  out  in. accordance  with  the  plans  and  specifications  in  its 
said  report  contained  and  if  within  sixty  days  after  the  filing  of  said 
report  in  the  office  of  the  state  engineer  there  shall  be  presented  to  and 
filed  with  said  state  engineer  a  petition  signed  by  the  owners  of  more 
than  fifteen  per  cent  of  the  total  assessed  valuation  of  the  land  in  the 
district  requesting  that  an  election  be  held  to  ascertain  whether  such 
recommendation  of  the  board  of  directors  shall  be  adopted,  the  state 


112  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

engineer  shall  immediately  give  notice  of  such  an  election,  which  election 
shall  be  held  and  conducted  and  the  result  thereof  detennined  and 
declared  in  all  respects  as  provided  in  section  eighteen  of  this  act,  and 
if  the  result  of  such  election  shows  a  majority  of  all  votes  cast  are 
"Completion  of  project — No"  the  project  shall  be  deemed  abandoned 
and  proceedings  shall  be  thereafter  taken  as  provided  in  said  section 
eighteen  in  ease  of  abandonment,  but  if  no  petition  shall  be  filed  as 
aforesaid  or  if  an  election  be  held  and  the  majority  of  the  votes  cast 
thereat  are  "Completion  of  project — Yes"  then  the  state  engineer  shall 
forthwith  appoint  three  commissioners  whose  duty  it  shall  be  to  assess 
the  cost  of  the  project,  upon  the  benefited  lands  within  the  district 
Avhich  shall  be  done,  and  the  said  cost  shall  be  apportioned  in  accord- 
ance with  the  lienefits  that  will  accrue  to  each  tract  of  land  held  in 
separate  ownership  in  said  district  l\y  reason  of  the  expenditures  of 
said  suras  of  money,  and  the  completion  of  the  project,  such  assessment 
to  l)e  in  gold  coin  of  the  United  States.  One  of  said  commissioners  shall 
be  a  civil  engineer  and  one  shall  have  a  practical  knowledge  of  irriga- 
tion, and  none  of  said  commissioners  shall  have  any  interest  in  any 
land  in  the  district  either  directly  or  indirectly,  and  each  commissioner 
before  entering  upon  his  duties  shall  take  and  subscribe  an  oath  that 
he  is  not  in  any  manner  interested  directly  or  indirectly  in  any  land 
in  the  district  and  that  he  will  perform  the  duties  of  commissioner  to 
the  best  of  his  ability,  and  said  commissioners  shall  be  paid  as  com- 
pensation for  the  services  rendered  by  them  such  sum,  or  sums,  as  the 
state  engineer  shall  fix  and  determine,  which  shall  be  considered  a  part 
of  the  cost  of  the  project,  and  said  state  engineer  may  issue  warrants 
therefor,  which  shall  be  payable  out  of  the  funds  of  said  district  and 
may  be  included  in  any  bond  issue  authorized  for  the  purposes  of  said 
district.  The  said  commissioners  shall  receive  from  the  board  of 
directors  of  the  district  the  detailed  plans,  specifications,  and  estimate 
of  the  costs  of  the  project,  which  have  theretofore  been  duly  approved 
hy  the  state  engineer.  The  said  commissioners  shall  thereupon  prepare 
and  certify  to  the  state  engineer  in  triplicate  rolls  which  shall  contain : 

(1)  A  description  of  each  tract  assessed  held  in  separate  ownership 
by  legal  subdivisions,  governmental  surveys,  or  other  boundaries  suf- 
ficient to  identify  the  same; 

(2)  The  number  of  acres  in   each   tract; 

(3)  The  name  and  address  of  the  owner  of  each  tract,  if  known,  and 
if  unknown,  that  fact,  but  no  mistake  or  error  in  the  name  of  the 
owner  or  supposed  owner  of  the  property  assessed,  and  no  mistake  in 
any  other  particular,  shall  render  the  assessment  thereof  invalid ; 

(4)  The  rate  per  acre  of  such  assessment  upon  said  tract; 

(5)  The  total  amount  of  the  assessment  as  computed; 

(6)  Any  other  statement  which  may  be  required  by  the  state  engineer 
and  as  to  which  notice  is  given  in  writing  to  the  commissioners  at  the 
time  of  transmitting  the  plans  and  specifications  and  costs  of  the  work 
for  the  district  bef orementioned. 

The  rolls  shall  be  separately  made  for  lands  lying  within  ditferent 
counties  contained  within  said  district.  Said  rolls  when  completed 
shall  be  accompanied  by  the  written  report  of  the  commissioners 
wherein  is  set  out  with  particularity  the  exact  nature  and  quantum  of 
the  benefits  so  assessed,  both  in  respect  of  the  right  in  and  to  stored 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  113 

surplus  waters,  and  the  right  to  store  water  in  the  reservoir  or  reser- 
voirs of  the  district,  apportioned  and  allocated  to  each  such  tract  of  land 
in  said  district  and  also  through  any  drainage  or  reclamation  work  con- 
nected therewith.  In  such  report  lands  embraced  within  a  comprehen- 
sive area  or  a  political  subdivision  of  the  state  may  be  referred  to  gen- 
erally as  lands  lying  within  such  area  or  subdivision  without  further 
description. 

In  the  event  of  the  conveyance  of  a  part  of  a  tract  of  land  in  said 
district  and  in  the  absence  of  any  provision  in  the  instrument  convey- 
ing the  same,  said  lands  so  conveyed  shall  be  deemed  to  share  ratably 
in  the  benefits  apportioned  to  the  entire  tract. 

Said  rolls  when  completed  shall  be  duly  certified  by  said  commis- 
sioners and  forthwith  by  them  filed  in  the  office  of  the  state  engineer. 
Thereafter  the  executive  directors  and  the  president  of  the  board  of 
directors  of  the  water  storage  district  in  which  the  lands  described  in 
said  rolls  are  situated  shall  become  and  constitute  a  board,  in  the  nature 
of  a  board  of  equalization,  which  shall  be  known  and  designated  as  the 
"adjustment  board"  and  whose  functions  shall  be  to  consider  and  act 
ui)on  objections,  if  any,  presented  as  herein  provided  to  the  assessment 
made  by  said  commissioners.  For  that  purpose  said  adjustment  board 
shall  at  once  organize  by  the  election  from  its  members  of  a  president 
and  a  secretary  and  shall  thereupon  appoint  times  and  places  not  less 
than  thirty  days  after  said  rolls  have  been  filed  when  and  where  it  will 
meet  within  each  county  wherein  lands  of  said  district  are  situated 
for  the  purpose  of  hearing  objections  to  said  assessments,  and  notice 
of  such  hearing  shall  be  published  at  least  once  a  week  for  two  suc- 
cessive weeks  in  each  county  in  which  any  land  within  said  district 
may  be  situate.  Said  objections,  if  any,  must  be  in  writing  verified 
and  filed  with  the  state  engineer,  and  shall  set  forth  the  grounds  of 
such  objections.  Such  verification  shall  be  made  by  the  affidavit  of  the 
objector  or  some  other  person  who  is  familiar  with  the  facts.  Said 
adjustment  board  may  postpone  such  hearings  from  time  to  time.  At 
such  hearings  the  adjustment  board  shall  hear  such  evidence  as  may  be 
offered  touching  the  correctness  of  such  assessment,  and  may  modify, 
amend,  or  approve  the  said  assessment  in  any  particular  and  may 
reapportion  the  whole  or  any  part  thereof;  provided,  Jiowever,  that  no 
assessment  shall  be  increased  except  after  personal  notice  or  notice 
by  registered  mail  given  to  the  owner  if  known,  or  if  unknown  by  pub- 
lication at  least  once  a  week  for  two  successive  weeks  in  the  county  in 
which  such  land  in  the  district  may  be  located,  and  upon  a  hearing  of 
objections  thereto  if  made. 

Said  adjustment  board,  after  said  hearings,  must  make  an  order 
approving  such  assessment  as  finally  fixed  or  modified,  which  order 
shall  be  filed  with  and  entered  in  the  records  of  the  state  engineer,  and 
the  apportionment  and  determination  of  said  adjustment  board  shall 
be  final  and  conclusive,  and  no  action  or  defense  shall  ever  be  main- 
tained attacking  the  same  in  any  respect.  Two  copies  of  said  assess-, 
ment  roll  as  finally  fixed  and  approved  by  the  adjustment  board  shall 
be  forthwith  certified  by  the  secretary  of  such  adjustment  board  and 
transmitted  to  the  board  of.  directors  of  the  -said  district,  who  shall 
file  one   copy  in  their  records   and  thereupon   immediately  transmit 

8 — 16169 


114  CALIPORNIxV.    IRRIGATION    DISTRICT   LAWS. 

to  the  county  treasurer  of  each  county  within  such  district  that  portion 
of  the  roll  relating  to  the  lands  within  such  county,  together  with  a 
copy  of  the  order  of  approval  of  such  assessment  roll  by  said  adjust- 
ment board.  Thereafter  said  assessment  roll  shall  be  conclusive  evi- 
dence before  any  court  or  tribunal  that  said  assessment  has  been  made 
and  levied  according  to  law. 

When  the  board  of  directors  shall  file  with  the  county  treasurer  of 
a  county  within  such  district  the  said  assessment  list  or' roll  as  finally 
approved  as  hereinbefore  provided  the  charges  assessed  thereby  upon 
the  several  tracts  of  land  withiu  the  county  shall  constitute  a  lien 
thereon  which  shall  be  prior  to  all  other  liens  except  state,  county,  and 
municipal  taxes,  and  assessments  or  taxes  levied  or  assessed  by  or 
under  statutory  authority,  and  shall  impart  notice  thereof  to  all  per- 
sons. Where  bonds  of  such  district  have  been  issued  upon  any  such 
assessment  no  act  or  conduct  on  the  part  of  such  board  of  directors, 
or  any  officer  herein  mentioned,  shall  invalidate  any  such  assessment 
after  the  same  shall  have  become  a  lien  in  the  manner  herein  provided. 

PAYMENT  OF  ASSESSMENTS. 

Provision  for  payment  in  full. 

Sec.  20.  The  assessment  list  of  each  county  must  remain  open  for 
payment  in  full  in  the  office  of  the  county  treasurer  of  the  respective 
counties  within  the  district  for  a  period  of  thirty  days;  and  during 
the  time  they  so  remain  any  person  may  pay  the  amount  of  the  charge 
assessed  against  any  tract  of  land  to  the  county  treasurer  in  gold  coin 
of  the  United  States  or  in  warrants  of  the  district  drawn  by  the  state 
engineer  or  the  board  of  directors,  or  the  proper  officers  thereof. 

Collection  of  unpaid  assessments. 

Sec.  21.  At  the  end  of  thirty  days  the  treasurer  must  make  return 
to  the  board  of  directors  of  the  district  of  all  assessments  paid.  All 
unpaid  assessments  shall  bear  interest  at  the  rate  of  seven  per  cent 
per  annum.  Thereafter  all  unpaid  as.sessments  and  accrued  interest 
shall  be  collected  when  and  as  called,  and  paid  to  the  treasurer  of  the 
county  or  counties,  who  shall  collect  and  hold  such  moneys  to  the 
credit  of  the  district.  Unless  bonds  shall  have  been  authorized  as  here- 
inafter provided,  all  such  payments  shall  be  made  in  such  amounts  or 
installments  and  at  such  times  respectively  as  the  said  board,  from 
time  to  time,  in  its  discretion,  by  order  entered  in  its  minutes,  may 
direct.  Upon  making  any  order  fixing  and  calling  such  installment  or 
amount,  the  secretary  shall  also  enter  in  the  minutes  of  the  board,  and 
certify  to  each  county  treasurer  for  signature  and  mailing  or  publi- 
cation in  the  counties  in  which  any  lands  within  the  district  are 
situated  a  notice  in  substantially  the  following  form : 


CALIFORNIA   IRRIGATION    DISTRICT   LAWS.  115 

Name :  (name)  water  storage  district. 

(Location    of   the    principal    place   of   business.)     Notice   is   hereby 

given  that,  at  a  meeting  of  the  board  of  directors  held  on 

an  installment  of per  cent  of  assessment  number was 

ordered  paid  within  sixty  days  from  the  date  thereof  to  the  respective 
county  treasurers  of  the  counties  wherein  lands  of  such  district  are 
situate.  Any  installment  which  shall  remain  unpaid  on  the  (day 
fixed)  will  be  delinquent,  together  with  the  accrued  interest  thereon, 
with  twentv  per  cent  of  such  installment  and  interest  added  as  penalty. 

. '    (Signed) 

Treasurer  of county. 

Such  notice  must  be  sent  through  the  mail,  addressed  to  each  owner 
of  land  in  the  district  at  his  place  of  residence  if  known  or  entered 
upon  the  assessment  roll  of  the  district,  and  if  not  known,  at  the  place 
where  the  principal  office  of  the  district  is  situated,  or  in  lieu  thereof 
such  notice  shall  be  published  once  a  week  for  two  successive  weeks  in 
each   such   county. 

If  any  such  installment  shall  remain  unpaid  at  the  expiration  of  said 
sixty  days  from  the  date  of  the  order  then  the  whole  remaining 
uncalled  portion  of  said  assessment  shall  become  delinquent,  together 
with  the  accrued  interest  thereon  and  a  penalty  of  twenty  per  cent 
of  the  amount  of  said  installment  and  interest  shall  be  added  thereto 
and  collected  for  the  use  of  the  district. 

Immediately  after  the  said  installment  has  become  delinquent  the 
said  county  treasurer  or  county  treasurers  must  publish  once  a  week 
for  two  successive  weeks  in  each  county  wherein  lands  of  the  district 
are  situate,  in  one  notice  a  list  of  all  delinquencies  in  such  county,  which 
notice  shall  contain  a  description  of  the  property  assessed,  the  name 
of  the  person  to  whom  it  is  assessed  or  a  statement  that  it  is  assessed 
to  unknown  owners,  if  such  is  the  fact,  the  amount  then  due  on  said 
property,  and  a  notice  that  the  property  assessed  will  be  sold  on  the 
date  therein  stated  in  front  of  the  courthouse  of  said  county  to  pay 
the  amount  then  due  on  said  property.  The  date  of  said  sale  shall  not 
be  less  than  ten  days  after  the  date  of  the  last  publication  of  said 
notice.  At  the  time  stated  in  said  notice,  or  such  other  time  to  which 
said  sale  may  have  been  postponed,  the  county  treasurer  must  sell 
said  property  to  the  highest  bidder  for  gold  coin  of  the  United  States. 
Out  of  the  proceeds  of  said  sale  the  county  treasurer  must  deposit  the 
amount  due  on  said  property  as  shown  in  said  notice  to  the  proper 
fund  of  the  said  district.  The  county  treasurer  must  pay  to  the 
owner  of  said  property  any  surplus  remaining  after  said  deposit  to  the 
credit  of  the  district,  after  first  deducting  any  expense  of  sale.  Except 
where  bonds  have  been  issued  upon  an  assessment  the  board  of  direc- 
tors may  direct  the  county  treasurer  to  postpone  said  sale  from  time 
to  time  for  not  less  than  ten  nor  more  than  thirty  days  at  one  time, 
by  a  written  notice  posted  at  the  place  of  sale. 

If  no  bid  is  made  for  said  property  equal  to  the  amount  due  thereon, 
it  must  be  struck  off  to  the  district  for  the  said  amount  so  due.  A 
certificate  of  such  sale  shall  be  executed  by  the  county  treasurer  to 
the  purchaser,  or  to  the  district  if  the  property  shall  have  been  struck 


116  .  CALIFORNIA   IRRIGATION    DISTRICT   LAWS. 

off  to  the  district,  and  this  certificate  of  sale  shall  be  recorded  in  the 
office  of  the  county  recorder  of  said  county.  Any  i^erson  interested 
in  said  property  may  redeem  the  same  at  any  time  within  one  year 
after  the  date  of  said  sale,  by  paying  to  the  county  treasurer  the 
amount  for  which  the  said  property  was  sold,  and  interest  on  the  said 
sum  at  the  rate  of  two  per  cent  per  month  from  the  date  of  said  sale, 
which  amount  shall  be  credited  to  the  proper  fund  of  said  district. 

If  no  redemption  shall  be  made  within  said  one  year,  the  purchaser 
or  the  district,  if  the  property  shall  have  been  sold  to  the  district, 
shall  be  entitled  to  a  deed  executed  by  the  county  treasurer  or  his 
successor  in  office,  and  the  effect  of  such  deed  shall  be  to  convey  said 
property  free  and  clear  of  all  liens  and  incumbrances,  except  state, 
county  and  municipal  taxes,  assessments  or  taxes  levied  or  assessed 
by  or  under  statutory  authority  and  any  subsequent  district  assess- 
ment. The  board  of  directors  may  sell  such  property  sold  to  the  dis- 
trict at  any  time  at  public  auction  after  notice  given  for  the  same 
period  and  in  the  same  manner  as  is  herein  provided  for  sale  of  delin- 
quent assessments,  but  not  for  a  sum  less  than  the  amount  for  which 
said  property  was  sold,  with  interest  at  seven  per  cent  per  annum,  and 
the  deed  executed  in  pursuance  of  such  sale  shall  convey  said  property 
free  of  all  incumbrances  except  as  hereinabove  provided  for  said  deed 
by  the  county  treasurer. 

SUPPLEMENTAL  ASSESSMENTS. 

Manner  of  making  levy. 

Sec.  22.  Thereafter,  whenever  in  the  opinion  of  the  board  of 
directors  of  the  district,  it  shall  be  necessary  to  raise  any  sum  for  the 
maintenance,  repair,  or  operation  of  works  of  the  said  district,  or  for 
the  management  and  conduct  thereof,  the  said  board  shall  make  an 
order,  which  order  shall  be  entered  in  the  minutes  of  the  board  and 
shall  recite  the  total  amount  necessary  to  be  raised,  and  shall  fix  a  rate 
designating  the  number  of  dollars  or  cents  to  be  levied  on  each  one 
Imndred  dollars  of  the  original  assessment  theretofore  made  by  the 
commissioners.  Thereafter  the  board  shall  complete  said  assessment 
by  inserting  upon  supplementary  assessment  rolls  the  total  amount 
assessed  against  each  respective  tract  or  parcel  of  land  to  be  assessed. 
The  supplemental  assessment  roll  herein  provided  for  shall  be  filed  with 
the  county  treasurer  of  each  county  of  said  district  wherein  lands  of 
such  district  are  situate,  and  thereafter  collected  in  the  same  manner 
provided  for  the  collection  of  the  original  assessment.  The  board  of 
directors  may  call  the  whole  or  any  part  of  such  supplementary  assess- 
ment in  one  installment,  or  may  call  the  same  in  several  installments. 

The  said  report  of  the  commissioners  allocating  the  assessment  levied 
for  the  purposes  of  the  construction  and  maintenance  of  the  original 
project,  after  having  been  approved  and  filed  for  record  in  each  county 
as  aforesaid,  shall  continue  in  force  as  the  basis  for  apportioning  and 
allocating  subsequent  assessments  for  construction,  maintenance,  repair, 
or  operation  of  the  works  of  the  pro.ject,  and  for  the  incidental  expenses 
of  conducting  the  said  district.  All  provisions  of  this  act,  with  respect 
to  the  levy  and  collection  of  assessments,  shall  be  applicable  to  such 
supplemental  assessments. 


CALIFORNIA    IRRIGATION   DISTRICT   LAWS.  117 

Special  assessments,  when  and  how  made. 

Sec.  23.  In  the  event  that  the  original  assessment  is  insufficient  to 
provide  for  the  completion  of  the  project  or  if  the  board  of  directors 
of  the  district  should  determine  that  it  is  for  the  best  interests  of  the 
land  owners  in  the  district  to  acquire  property  or  construct  works  in 
connection  with  said  project  which  are  not  contemplated  and  covered 
by  the  original  plans  and  estimates  herein  provided  for,  the  board  of 
directors  is  authorized  to  levy  and  collect  a  special  and  additional  assess- 
inent  in  the  manner  and  proportions  herein  provided  for  other  assess- 
ments sufficiewt  to  complete  the  project  or  to  acquire  the  property  or 
construct  the  works  desired  unless  the  estimated  cost  of  such  completion 
of  the  project  or  acquisition  of  property  or  construction  of  works  shall 
in  the  aggregate  exceed  ten  per  cent  of  the  estimated  cost  of  the  original 
project  and  in  that  event  a  statement  of  the  work  necessary  to  be  done 
to  complete  the  project  and  the  estimated  cost  thereof  or  descriptions 
of  such  property  to  be  so  acquired,  or  additional  plans  and  specifica- 
tions of  such  works,  as  the  case  may  be,  shall  be  prepared  by  the  board 
of  directors  and  filed  with  the  state  engineer  and  thereafter  the  board 
of  directors  shall  call  a  special  election,  to  be  held  within  said  district, 
at  which  shall  be  submitted  to  the  owners  of  assessed  lands  in  the 
district  the  question  whether  or  not  the  said  property  shall  be  acquired 
or  the  additional  works  shall  be  constructed  in  accordance  with  the 
plans  so  prepared  as  the  case  may  be.  If  a  majority  of  the  votes  cast 
shall  be  in  favor  of  acquiring  the  property  or  constructing  the  works 
the  board  of  directors  shall  proceed  to  levy  and  collect  an  assessment 
covering  the  cost  thereof  in  the  manner  and  proportions  herein  pro- 
vided for  other  assessments.  Such  election  shall  be  conducted,  save 
and  except  as  in  this  section  otherwise  specifically  provided,  in  accord- 
ance with  the  provisions  of  this  act  relating  to  other  elections  in  the 
district. 

BONDS. 

Bonds,  when  and  in  what  manner  and  form  issued  and  how  vaUdated,  certified, 
sold,  paid,  and  proceeds  accounted  for. 

Sec.  24.  Whenever  in  any  water  storage  district  any  assessment 
has  been  levied  and  assessed  upon  the  lands  of  said  district  and  remains 
unpaid  in  Avhole  or  in  part,  and,  in  the  judgment  and  opinion  of  the 
board  of  directors  of  said  district,  it  shall  be  for  the  best  interest  of  the 
district  or  the  landowners  therein  to  issue  bonds  for  the  purpose  of 
obtaining  money  to  pay  the  costs  of  the  proposed  project,  the  indebt- 
edness of  the  district,  or  any  other  lawful  charge,  or  when  a  petition 
signed  by  the  owners  of  more  than  one-fourth  of  the  total  acreage  of 
the  assessed  land  in  the  district  requesting  it  is  filed  with  the  secre- 
tary of  said  board,  the  board  of  directors  of  such  district  shall  by  order 
entered  upon  the  records  of  said  board  order  a  special  election  to  be 
held  in  said  district,  at  which  special  election  shall  be  submitted  to 
the  owners  of  assessed  land  in  said  district  the  question  whether  or 
not  bonds  of  said  district  shall  be  issued  in  an  amount  equal  to  the 
amount  of  such  assessment,  or  the  part  of  such  assessment  remaining 
unpaid,  which  said  amount  shall  be  entered  by  said  board  of  directors 
in  its  records  and  stated  by  them  in  the  order  for  such  special  election. 


118  CALIFORNLY   IRRIGATION    DISTRICT   LAWS. 

The  notice  of  such  special  election  must  state  in  addition  to  other 
statements  required  to  be  made  therein,  the  aggregate  face  value  of 
bonds  proposed  to  be  issued.  Only  owners  of  lands  which  have  been 
assessed  as  provided  herein  shall  be  qualified  to  vote  at  such  election. 
Such  election  shall  be  conducted,  save  and  except  as  in  this  section 
otherwise  specifically  provided,  in  accordance  with  the  provisions  of  this 
act  relating  to  other  elections  in  the  district. 

The  ballots  cast  at  such  election  shall  contain  the  words  "Bonds — 
Yes,"  or  the  words  "Bonds — No,"  and  also  the  name  of  the  person 
casting  the  ballot,  with  the  number  of  votes  cast  by  him.  .  A  list  of  the 
ballots  cast  shall  be  made  by  the  board  of  election  containing  the  names 
of  each  voter,  and  if  the  ballot  be  cast  by  proxy  also  the  name  of  the 
person  casting  it,  and  the  number  of  votes  cast  by  each,  and  whether 
the  same  be  cast  for  or  against  the  issuing  of  the  'bonds.  At  the  close 
of  the  polls  the  board  of  election  shall  at  once  proceed  to  canvass  the 
votes  and  declare  the  result  and  shall  deliver  a  certificate  showing  such 
rasult  and  the  number  of  votes  cast  for  and  against  the  issuing  of  such 
bonds  to  the  county  clerk  of  the  county,  and  shall  deliver  a  duplicate 
thereof  to  the  board  of  directors  of  the  district,  and  shall  also  delivet 
to  the  said  county  clerk  all  ballots  cast  at  such  election  within  said 
county  and  all  documents  and  papers  used  at  such  election,  and  except 
as  in  this  section  specifically  provided  the  provisions  of  this  act  with 
reference  to  all  matters  pertaining  to  elections  shall  govern  and  control. 
The  county  clerks  of  the  respective  counties  shall  immediately  upon 
receipt  of  the  ballots,  papers,  and  documents  from  the  board  of  election 
certify  to  the  board  of  directors  at  its  office  a  statement  of  the  result 
of  said  election  held  in  each  of  said  counties,  with  a  statement  of  the 
number  of  votes  for  and  in  favor  of  the  proposition  of  "Bonds — Yes" 
and  opposed  ' '  Bonds — No. ' '  The  board  of  directors  shall  thereupon  in 
a  certificate  in  writing  recorded  in  their  minutes  declare  that  the  pro- 
posal to  issue  bonds  has  carried  or  has  been  defeated,  and  stating 
therein  the  vote  cast  throughout  the  entire  district,  and  a  duplicate  of 
such  certificate  shall  be  immediately  transmitted  to  the  state  engineer. 

If  a  majority  of  the  votes  cast  at  such  election  are  in  favor  of  the 
issuance  of  bonds,  the  board  of  directors  of  the  district  shall  cause 
bonds  in  the  amount  stated  in  the  order  for  the  election  to  be  executed 
and  delivered,  together  with  the  assessment  list  segregated  as  to 
counties  within  said  district,  to  the  treasurer  of  said  district.  Said 
bonds  shall  be  of  the  denomination  of  not  less  than  one  hundred  dol- 
lars nor  more  than  one  thousand  dollars  each;  they  shall  be  signed  by 
the  president  of  the  board  of  directors  of  the  district  and  attested  by 
the  treasurer  of  said  district,  and  shall  be  numbered  consecutively  in 
the  order  of  their  maturity,  and  shall  bear  interest  at  a  rate  not  to 
exceed  six  and  one-half  per  cent  per  annum  payable  semi-annually  on 
the  first  day  of  January  and  the  first  day  of  July  in  each  year  at  the 
office  of  said  treasurer,  and  at  any  other  place  within  the  United  States 
which  may  be  designated  by  said  board,  upon  the  presentation  of  the 
proper  coupons  therefor.  Coupons  for  each  installment  of  interest 
shall  be  attached  to  said  bonds  and  shall  bear  the  facsimile  signature 
of  the  treasurer  of  said  district.     The  principal  of  said  bonds  shall  be 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  119 

made  payable  on  the  first  day  of  July,  or  the  first  day  of  January,  and 
in  such  years  as  the  directors  may  prescribe.  Said  bonds  shall  be 
payable  serially  within  thirty  years  from  their  date  in  the  'manner 
following,  to  wit : 

(1)  Not  less  than  ten  per  centum  of  the  aggregate  face  value  of 
such  'bonds  issued  shall  be  payable  within  ten  years  from  their  date ; 

(2)  Not  less  than  four  and  one-half  per  centum  of  the  aggregate 
face  value  of  such  bonds  remaining  unpaid  at  the  end  of  ten  years  shall 
be  payable  each  year  beginning  with  the  eleventh  year  from  their  date, 
until  the  whole  amount  of  said  bonds  has  been  paid. 

Said  bonds  shall  be  substantially  in  the  following  form : 

United  States  of  America 

State  of  California. 

(Name)  water  storage  district. 

No $ 

(Name)  water  storage  district  for  value  received  hereby  acknowledges 
itself  indebted  to  and  promises  to  pay  to  the  holder  hereof  at  the  office 
of  the  treasurer  of  said  district,  at  (place)  in  the  State  of  California, 

on  the  first  day  of ,  the  sum  of  $ in  gold  coin 

of  the  United  States  of  America,  with  interest  thereon  in  like  gold  coin 

from  date  hereof  until  paid,  at  the  rate  of per  cent  per  annum, 

paya.ble  at  the  office  of  said  treasurer,  or  at  (other  designated  places), 
semiannually  on  the  first  day  of  January  and  the  first  day  of  July  in 
each  year  on  presentation  and  surrender  of  the  interest  coupons  hereto 

attached.     This  bond  is  one  of  a  series  of bonds  of  like 

tenor  and  effect  (except  as  to  denomination  and  maturity),  numbered 

from to inclusive,  amounting  in  the  aggregate 

to dollars,  issued  in  accordance  with  the  provisions 

of  an  act  known  as  ' '  California  water  storage  district  act, ' '  duly  passed 
and  adopted  (stating  when)  and  of  the  laws  of  the  State  of  California, 

pursuant  to  an  election  held  in  said  water  storage  district  on  the 

day  of ,  authorizing  its  issuance,  and  based  upon 

and  secured  by  an  assessment  levied  on  the  lands  in  said  district,  and 
filed  in  the  office  of  the  county  treasurers  of  the  county  (or  counties) 

of on  the day  of , 

and  the  said  w^ater  storage  district  does  hereby  certify  and 

declare  that  said  election  was  duly  called  and  held  upon  due  notice, 
and  the  result  thereof  was  duly  canvassed  and  ascertained,  in  pursuance 
of  and  in  strict  conformity  with  the  laws  of  the  State  of  California 
applicable  thereto,  and  that  all  the  acts  and  conditions  and  things 
required  by  law  to  be  done,  precedent  to  and  in  the  issue  of  said  bonds 
have  been  done  and  have  been  performed  in  regular  and  in  due  form 
and  in  strict  accordance  with  the  provisions  of  the  law  authorizing  the 
issuance  of  water  storage  district  bonds. 

In  testimony  whereof,  the  said  district,  by  its  board  of  directors,  has 
caused  this  bond  to  be  signed  by  the  president  of  said  board  and  attested 


120  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

by  the  treasurer  of  said  district,  with  the  official  seal  of  said  district 
affixed  this day  of 


President  of  said  board. 

Attest: 

Treasurer. 

And  the  interest  coupons  may  be  substantially  in  the  following  form : 
No "  $ 

The  treasurer  of  (name)  water  storage  district,  California,  will  pay  to 

the  holder  hereof  on  the day  of , ,  at 

his  office  at  (place  in  the  State  of  California,  or  at  designated  places), 

the  sum  of  $ ,  in  gold  coin  of  the  United  States,  out  of  the 

funds  of   (name)   water  storage  district  for  interest  on  bond  of  said 
district  numbered 


Treasurer. 

The  treasurer  of  said  district  shall  place  the  bonds  prepared  pursuant 
to  this  act  to  the  credit  of  the  district.  Thereafter  when  directed  by 
resolution  of  the  board  of  directors  of  the  district,  the  treasurer  shall 
sell  the  whole  or  any  designated  number  of  said  bonds  for  the  best 
price  obtainable,  but  in  no  event  for  less  than  ninety  per  cent  of  the 
face  value  of  said  bonds  and  the  accrued  interest  thereon.  Before 
making  a  sale  of  said  bonds,  notice  shall  be  given  by  the  said  treasurer 
by  publication  at  least  once  a  week  for  two  successive  weeks  in  the 
county  in  which  the  office  of  said  district  is  located,  that  he  Avill  sell  a 
specified  amount  of  said  bonds,  and  stating  the  day,  hour,  and  place  of 
such  sale,  and  asking  sealed  proposals  for  the  purchase  of  said  bonds, 
or  any  part  thereof.  At  the  time  appointed  said  treasurer  shall  open 
the  bids  and  award  the  bonds  to  the  highest  responsible  bidder.  The 
treasurer  upon  written  request  of  a  majority  of  the  directors  must 
reject  any  or  all  bids.  Any  sale  by  the  treasurer  and  delivery  of  the 
bonds  thereunder  shall  be  conclusive  evidence  in  favor  of  the  purchaser 
and  all  subsequent  holders  of  the  bonds  that  such  sale  was  made  upon 
due  authority  and  notice.  The  proceeds  of  sale  of  said  bonds  shall  be 
placed  in  the  treasuries  of  the  respective  counties  in  which  land  included 
in  the  district  is  situate  to  the  amount  of  the  unpaid  assessment  in  each 
county  and  credited  to  the  bond  fund  of  the  district,  and  a  proper  record 
of  such  transaction  shall  be  made  upon  the  books  of  said  treasurer.  At 
any  time  within  thirty  days  after  the  issue  of  any  bonds  as  the  result 
of  such  election  an  action  may  be  commenced  in  the  superior  court  of 
any  said  counties  b^-  the  board  of  directors  of  said  water  storage  district 
in  the  name  of  the  district  as  plaintiff,  and  the  defendants  shall  be 
described  as  "all  persons  claiming  any  interest  in  any  lands  within 
tlie  said  (name)  water  storage  district,"  to  have  it  determined  that 
said  bonds  are  a  legal  obligation  of  such  water  conserv^ation  district, 
and  in  the  event  no  such  action  is  brought  then  the  same  may  be  com- 
menced by  any  land  owner  in  the  district  within  thirty  days  after  the 
expiration  of  the  period  within  which  said  action  might  have  been 
brought  by  the  board  of  directors.  It  shall  be  sufficient  to  describe 
said  lands  as  all  lands  in  the  district  (naming  it)  without  a  more 
specific  description.    The  summons  shall  be  published  once  a  week  for 


CALIFORNIA    IRRIGATION   DISTRICT   LAWS.  121 

two  successive  weeks  in  the  county  where  the  action  is  pending.  Within 
thirty  days  after  the  first  publication  of  summons  any  owner  of  land 
in  such  district  or  any  person  interested  may  appear  and  answer  tlie 
complaint,  which  answer  shall  set  forth  the  facts  relied  upon  to  show 
the  invalidity  of  said  bonds.  The  default  of  all  defendants  not  so 
appearing  may  be  entered.  Such  action  shall  be  given  precedence  in 
hearing  and  trial  over  all  other  civil  actions  in  such  court,  and  judg- 
ment rendered  declaring  such  matter  so  contested  either  valid  or 
invalid.  Any  party  not  in  default  may  have  the  right  to  appeal  to  the 
supreme  court  within  thirty  days  after  the  entry  of  judgment.  Judg- 
ment for  the  plaintiff  in  such  proceedings  shall  be  considered  as  a 
judgment  in  rem  and  shall  be  conclusive  against  said  district  and 
against  all  lands  therein,  and  all  owners  thereof  and  other  interested 
persons. 

All  moneys  collected  by  a  county  treasurer  upon  any  assessment  upon 
which  bonds  shall  have  been  issued,  including  all  moneys  derived  from 
sale  of  land  for  delinquent  installments,  or  from  redemption  thereof, 
or  from  sale  of  lands  bought  by  such  treasurer  at  any  such  sale  as 
trustee  of  the  bond  fund  of  the  district,  shall  be  by  such  treasurer  forth- 
M'ith  paid  into  the  cQunty  treasury  of  the  county  from  which  the  same 
arose  to  the  credit  of  the  bond  fund  of  such  Avater  storage  district,  and 
shall  be  used  exclusively  for  the  payment  of  principal  and  interest  of 
said  bonds  issued  on  such  assessment. 

Whenever  the  board  of  directors  shall  by  resolution  declare  that  it 
deems  it  desirable  that  any  contemplated  or  outstanding  bonds  of  a 
water  storage  district  organized  under  this  act,  including  any  bonds  of 
such  district  authorized  but  not  sold,  shall  be  made  available  for  the 
purpose  provided  for  in  section  seven  of  an  act  of  the  legislature  of  the 
State  of  California  entitled  "An  act  relating  to  l)onds  of  irrigation 
districts,  providing  under  what  circumstances  such  bonds  shall  be  legal 
investments  for  funds  of  banks,  insurance  companies,  and  trust  com- 
panies, trust  funds,  state  school  funds  and  any  money  or  funds  which 
may  now  or  hereafter  be  invested  in  bonds  of  cities,  cities  and  counties, 
counties,  school  districts  or  municipalities,  and  providing  under  what 
circumstances  the  use  of  bonds  of  irrigation  districts  as  security  for  the 
performance  of  any  act  may  be  authorized,"  approved  June  13,  1913, 
as  amended,  the  said  board  of  directors  shall  thereupon  file  a  certified 
copy  of  such  resolution  with  the  commission  created  by,  and  provided 
for  in,  said  act  of  June  13,  1913,  which  commission,  and  the  state  con- 
troller in  connection  therewith,  are  hereby  given  the  same  power  and 
authority  in  respect  of  the  investigation  and  certification  of  bonds  issued 
under  this  act  as  is  given  to  them  in  respect  of  the  investigation  and 
certification  of  irrigation  district  bonds  by  said  act,  as  amended,  except 
as  the  same  may  be  limited  by,  or  inconsistent  with,  any  provision  of 
this  act,  and  bonds  of  water  storage  districts  provided  for  in  this  act 
which  have  been  so  investigated  and  certified  and  by  authority  of  such 
investigation  and  certification  are  declared  to  be  legal  investments  for 
the  purposes  stated  in  said  act  of  June  13,  1913,  as  amended,  may  be 
lawfully  purchased,  or  received  in  pledge  for  loans  by  savings  banks, 
trust  companies,  insurance  companies,  guardians,  executors,  adminis- 
trators, and  special  administrators,  or  by  any  public  ol^cer  or  officers 
of  this  state  or  of  any  county,  city,  or  city  and  county,  or  other  raunici- 


122  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

pal  or  corporate  body  within  this  state  having  or  holding  funds  which 
they  are  allowed  by  law  to  invest  or  loan ;  lyrovided,  however,  that  where 
said  irrigation  district  bond  commission  has  passed  upon  one  issue  of 
bonds  of  districts  formed  hereunder,  that  all  subsequent  issues  of  said 
districts  shall  be  submitted  to  said  commission  as  in  said  act  provided. 

The  lien  of  any  unpaid  asessment  upon  which  bonds  shall  have  been 
issued  shall  continue  until  all  said  bonds  shall  have  been  paid  in  full, 
and  if  for  any  reason  any  part  of  the  principal  or  interest  of  said 
bonds  shall  remain  unpaid  after  enforcement  of  said  assessment  as  in 
this  act  provided,  the  board  of  directors  shall  order  an  additional  or 
supplemental  assessment  to  be  made  as  provided  in  this  act  sufficient 
to  pay  such  unpaid  principal  and  interest;  which  additional  or  sup- 
plemental assessment  shall  be  enforced  and  collected  in  the  same  manner 
as  the  original  assessment. 

If  any  district  having  authorized  the  issuance  of  a  series  of  bonds 
shall  issue  an  additional  series  of  bonds  based  on  another  assessment, 
the  dates  of  maturity  of  such  additional  series  of  bonds  shall  be  such 
that  the  latest  maturities  thereof  shall  not  exceed  forty  years  and  the 
earliest  maturity  of  bonds  of  such  additional  series  shall  be  later  than 
the  latest  maturity  of  bonds  of  any  earlier  series.  All  provisions  of 
this  section  relative  to  the  original  issue  of  bonds  shall  apply  to  such 
additional  series  of  bonds. 

Upon  a  sale  of  any  of  the  bonds  provided  herein  the  treasurer  of  the 
district  is  hereby  authorized  to  accept  in  payment  for  said  bonds,  either 
in  whole  or  in  part,  outstanding  warrants  of  such  district  at  their  face 
value,  together  with  the  accrued  interest  thereon. 

Where  bonds  of  the  district  have  been  authorized  to  be  issued  on 
such  assessments  all  unpaid  assessments  shall  bear  interest  at  the  rate 
of  seven  per  cent  per  annum  from  the  date  of  the  bonds  issued  thereon 
until  such  bonds  shall  have  been  fully  paid  and  discharged,  and  the 
interest  due  at  any  time  on  said  unpaid  assessments  may  be  called 
without  calling  any  installment  of  the  said  -assessment.  The  word 
installment  as  used  in  this  section  shall  be  construed  as  applying  to 
interest  as  well  as  to  principal  as  the  case  may  be. 

At  least  ninety  days  before  any  interest  date  of  the  bonds,  the 
treasurer  of  the  district  shall  certify  to  the  county  treasurer  of  each 
county  in  which  lands  of  the  district  are  situated  an  estimate  of  the 
amount  of  money  and  the  percentage  of  the  assessment  together  with 
interest  thereon,  or  only  of  the  interest,  necessary  to  pay  interest  and 
principal  or  the  interest  maturing  on  such  interest  date  after  crediting 
thereon  the  funds  in  the  treasury  applicable  to  the  payment  thereof  to 
be  collected  by  such  county  treasurer,  and  shall  add  thereto  fifteen  per 
cent  of  such  aggregate  sum  to  cover  possible  delinquencies,  and  each 
said  county  treasurer  shall  thereupon  cause  to  be  published,  once  a  week 
for  two  successive  weeks  in  the  county  of  which  he  is  county  treasurer, 
a  notice  substantially  in  the  following  form: 

(Name  of  water  storage  district).  Notice  is  hereby  given  that  an 
installment  of  assessment  (describing  it)  or  (amount  or  proportion 
thereof  including  interest  thereon  or  only  for  interest)  is  payable 
within  thirty  days  from  date  by  all  assessed  landowners  of  said  district 
in  the  county  of  (name  of  county)  to  the  treasurer  of  said  county.     All 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  123 

or  any  part  of  said  instalbnent  of  interest  which  remains  unpaid  on 
the  (day  fixed)  will  be  delinquent,  together  with  accrued  interest 
thereon,  with  twenty  per  cent  of  such  installment  and  interest  added  as 
penalty. 

Dated: 

(Signed) 

Treasurer  of county. 

If  no  newspaper  is  published  in  said  county,  such  publication  shall 
be  made  in  a  newspaper  published  in  an  ad.joining-  county.  If  any  part 
of  such  installment  or  any  interest  thereon  shall  remain  unpaid  at  the 
expiration  of  thirty  days  from  the  date  of  said  notice,  it  shall  become 
delinquent  and  twenty  per  cent  of  the  unpaid  amount  of  said  install- 
ment and  interest  shall  be  added  thereto  and  collected  by  said  county 
treasurer.  When  any  iiLstallment  shall  have  become  delinquent,  said 
treasurer  shall  within  ten  days,  publish  in  said  county  once  a  week 
for  two  successive  weeks  a  notice  containing  a  description  of  each  parcel 
of  land  assessed  in  the  district  in  said  county  wherein  such  installment 
is  delinquent,  as  such  description  appears  on  the  assessment  list,  the 
name  of  the  person  to  whom  it  is  assessed,  to  unknown  owners,  if  such 
is  the  fact;  the  amount  of  the  installment  delinquent  on  such  parcel, 
the  amount  of  interest  thereon  reckoned  to  the  day  of  sale,  the  amount 
of  said  twenty  per  cent  penalty  thereon,  and  a  notice  that  each  of  said 
parcels  will  be  sold  at  public  auction  by  said  county  treasurer  in  front 
of  the  courthouse  of  said  county,  at  a  specified  day  and  hour,  which 
shall  not  be  less  than  thirty  nor  more  than  sixty  days  from  the  date  of 
delincpiency,  to  pay  said  delinquent  installment,  with  said  accrued 
interest  and  penalty.  At  the  time  stated  in  said  notice,  the  county 
treasurer  shall  sell  each  parcel  of  land  described  in  said  notice  to  the 
highest  bidder,  unless  prior  thereto  he  shall  have  received  payment  in 
full  of  said  delinquent  installment,  together  with  interest  and  penalty. 
No  bid  for  any  parcel  shall  be  accepted  less  than  the  aggregate  sum 
then  due  on  said  installment  thereon  wdth  interest  and  penalty,  and  such 
sale  shall  be  made  for  cash,  except  the  treasurer  may  receive  from  any 
purchaser  at  their  face  value  in  lieu  of  cash  bonds  of  said  district  or 
their  interest  coupons,  issued  on  said  assessment  and  then  matured 
or  to  mature  within  sixty  days  after  such  sale.  Any  bond  or  coupon 
so  received  in  payment  shall  be  by  the  county  treasurer  forthwith 
canceled  and  filed  in  the  office  of  the  treasurer  of  said  district.  If  the 
entire  amount  of  such  bond  or  coupon  tendered  in  payment  shall  not 
be  required  to  complete  payment  of  the  purchase  money,  the  county 
treasurer  shall  endorse  thereon  as  paid  the  amount  of  such  purchase 
money  credited  thereon.  If  no  bid  is  made  for  any  parcel  at  such  sale 
equal  to  the  amount  of  the  installment  delinquent  thereon,  with  interest 
and  penalty,  the  county  treasurer  shall  bid  in  and  sell  said  parcel  to 
himself  and  his  successors  in  office,  as  trustee  of  the  bond  fund  of  said 
district,  as  purchaser,  for  the  amount  of  said  installment,  interest,  and 
penalty.  The  county  treasurer  .shall  execute  to  each  purchaser,  includ- 
ing himself  as  tiiistee  a  certificate  of  sale,  and  shall  record  a  duplicate 
in  the  county  recorder's  office.  Any  person  interested  in  the  said 
property  may  redeem  the  same  at  any  time  within  one  year  after  the 


124  CALIFORNIA    IRRIGATION   DISTRICT   LAWS, 

date  of  sale  by  paying  to  the  county  treasurer  for  such  purpose  a  sum 
equal  to  the  purchase  price   stated   in  the   certificate,   with  interest 
thereon  at  the  rate  of  tAvelve  per  cent  per  annum  from  the  datte  of  sale 
to  such  redemption.     If  no  redemption  shall  be  made  within  one  year, 
the  said  county  treasurer  upon  demand  and  surrender  of  such  certificate 
of  purchase,  shall  execute  to  the  purchaser,  his  heirs  or  assigns,  a  deed 
of  conveyance  of  the  parcel  of  land  described  in  such  certificate,  which 
deed  shall  convey  to  the  grantee  therein  named  the  said  land  free  and 
clear  of  all  encumbrances,  except  state,  county  and  municipal  taxes, 
assessments  or  taxes  levied  or  assessed  by  or  under  statutory  authority, 
and  any  subsequent  water  storage  district  assessment  remaining  unpaid 
at  the  date  of  said  sale  each  installment  whereof  may  be  called  and 
collected  as  herein  provided,  except  that  no  parcel  sold  and  conveyed 
to  the  district  shall  thereafter  be  subject  to  sale  by  the  county  treasurer 
for    delinquent    installments.     Every    deed    by    a    county    treasurer 
purporting  to   be   executed   under   this   section  shall  be   prima   facie 
evidence  of  the  truth  of  the  matters  therein  recited,  and  of  ownership 
by  the  grantee  of  the  lands  therein  described.     The  county  treasurer 
of  each  county  shall  credit  to  the  bond  fund  of  the  district  all  moneys 
collected  by  him  by  sale  or  otherwise,  upon  assessments  against  which 
bonds  shall  have  been  issued,  including  interest  and  penalties,  and  he 
shall  likewise  credit  to  said  fund  the  amounts  of  purchase  money  paid 
in  bonds  or  coupons  on  sales  made  under  said  assessment.     Each  county 
treasurer  shall  charge  to  the  general  fund  of  the  district,  or  to  the 
bond  fund  if  he  has  no  money  to  the  credit  of  the  general  fund,  the 
expense  of  publication  of  notices  and  of  recording  certificates  of  sale, 
and  shall  notify  the  treasurer  of  the  district  thereof.     The   county 
treasurer  shall  transmit  to  the  treasurer  of  the  district  all  canceled 
bonds  and  coupons  received  in  payment  on  any  delinquent  sale,  and  a 
memorandum  of  all  sums  endorsed  as  paid  upon  account  of  purchase 
money  on  any  bonds  or  coupons,  specifying  the  same.     All  moneys 
collected  by  any  county  treasurer  upon  account  of  an  assessment  on 
Avhich  bonds  shall  not  have  been  issued  shall  be  similarly  accounted  for 
to  the  treasurer  of  the  district,  and  shall  be  credited  to  the  general  fund 
of  the  district.     Any  parcel  of  land  bid  in  and  purchased  by  any  county 
treasurer  as  aforesaid,  as  trustee  of  the  bond  fund  of  the  district,  may 
be  sold  and  conveyed  bj-  him  or  his  successor  in  oi^ce  at  any  time  after 
the  expiration  of  said  redemption  period  of  one  year,  at  public  or 
private  sale  and  with  or  without  notice,  to  any  person  paying  him  the 
amount  for  which  said  parcel  was  bid  in  by  said  treasurer  at  delinquent 
sale,  with  interest  thereon  at  the  rate  of  seven  per  cent  per  annum, 
compounded  yearly,  from  the  date  of  said  delinquent  sale,  and  also  the 
amount  of  all  subsequent  installments  then  delinquent,  with  accrued 
interest  and  penalties  thereon.     Such  payment  may  be  made  either  in 
cash  or  in  matured  bonds  and  coupons  issued  on  said  assessment,  taken 
at  their  face  value,  and  such  treasurer  shall  execuite  a  deed  to  such 
purchaser  upon   such  sale,   conveying  said  property  free  of  encum- 
brances, except  as  hereinbefore  provided  for  deeds  where  no  redemption 
is  made.     If  any  land  so  held  by  a  county  treasurer  as  trustee  of  the 
bond  fund  of  a  district  shall  remain  unsold  after  the  final  instalhuent 
of  the  assessment  shall  have  been  coUecited  by  payment  or  sale,  then 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  125 

each  such  treasurer  shall  sell  all  said  land  so  held  by  him  at  public 
auction  to  the  higfhest  bidder  for  cash,  upon  once  a  week  for  two  weeks 
published  notice  in  said  county,  and  shall  deposit  the  proceeds  of  such 
sale  in  the  treasury  of  the  county  to  the  credit  of  the  bond  fund  of  the 
district.  Any  balance  remaining  in  such  bond  fund,  after  payment  in 
full  of  the  principal  and  interest  of.  all  outstanding  bonds  of  the 
district,  shall  be  by  the  treasurer  transferred  to  the  general  fund  of 
the  district.  The  county  treasurer  of  each  of  the  several  counties 
shall  report  all  transactions  of  delinquencies  and  sales  to  the  treasurer 
of  the  district  who  shall  keep  a  record  thereof  in  the  office  of  the 
district. 

POWERS  AND  DUTIES  OF  BOARD  OF  DIRECTORS. 

General  powers. 

Sec.  25.  The  board  of  directors  shall  have  the  power  and  it  shall 
be  its  duty  to  manage  and  conduct  the  business  and  affairs  of  the  dis- 
trict; to  adopt  a  seal;  to  make  and  execute  all  necessary  contracts;  to 
employ  and  appoint  such  agents,  officers,  and  employees  as  may  be 
required,  and  prescribe  their  duties.  The  board  and  its  agents  shall 
have  the  right  to  enter  upon  any  lands  to  make  surveys,  locate  works, 
or  for  any  other  necessary  and  lawful  purpose.  The  board  shall  have 
the  power  to  construct,  maintain,  improve,  and  operate  the  necessary 
dams,  reservoirs,  canals,  and  works  for  the  storage  and  distribution 
of  water,  and  any  drainage  Or  reclamation  works  connected  therewith, 
and  to  provide  for  the  generation  and  distribution  of  hydro-electric 
energ,y  incidental  to  such  storage  and  distribution  and  shall  have  the 
i:>ower  to  sell,  distribute,  or  otherwise  dispose  of,  such  water,  water 
rights,  and  hydro-electric  energy.  The  board  shall  also  have  the  right 
to  acquire  by  purchase,  lease,  contract,  or  other  legal  means,  all  lands, 
waters,  water  rights,  or  any  use  thereof  or  interest  therein,  and  any 
other  property  or  rights  by  it  deemed  necessary  for  the  construction, 
maintenance,  improvement,  and  operation  of  the  works  or  the  cariwing 
out  of  the  project  of  the  district,  whether  the  same  be  in  this  or  another 
state  or  foreign  nation,  including  the  property  and  rights  of  private 
owners,  and  stocks  of  other  corporations  domestic  or  foreign,  and  may 
give  in  payment  therefor  bonds  of  such  district  upon  such  terms  and 
conditions  as  the  lioard  of  directors  may  deem  best;  provided,  however, 
that  no  bonds  shall  be  so  used  at  a  valuation  less  than  ninety  per  cent 
of  the  face  value  of  the  same  and  the  accrued  interest  thereon.  Said 
board  may  also  enter  into,  and  do  any  acts  necessary  or  proper  for  the 
performance  of,  any  agreement  with  the  United  States  or  with  any  state, 
county,  district,  public  corporation,  or  municipality  of  any  kincl,  for  a 
purpose  appertaining  to  or  beneficial  to  the  project  of  the  district,  and 
may  acquire  the  right  to  store  water  in  any  reservoir,  or  to  carry  water 
through  any  canal,  ditch  or  conduit  within  or  without  this  state  not 
owned  or  controlled  by  the  district  and  may  grant  to  the  owner  or  lessee 
of  a  right  to  the  use  of  any  water  permission  to  store  such  water  in 
any  reservoir  of  the  district  or  to  carry  such  water  through  any  canal, 
ditch,  or  conduit  of  the  district.  The  said  board  is  hereby  authorized 
and  empowered  to  take  conveyances,  leases,  contracts,  or  other  assur- 
ances for  all  property  acquired  by  it  under  the  provisions  of  this  act, 


12fi  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

in  the  name  of  such  district,  to  and  for  the  uses  and  purposes  herein 
expressed,  and  to  institute  and  maintain  any  and  all  actions  and  pro- 
ceedings, suits  at  law  or  in  equity  necessary  or  proper  in  order  to  fully 
carry  out  the  provisions  of  this  act,  or  to  enforce,  maintain,  protect  or 
preserve  any  and  all  rights,  privileges,  and  immunities  created  by  this 
act  or  acquired  in  pursuance  thereof.  All  contracts  and  other  docu- 
ments executed  by  the  board  shall  be  signed  by  the  president  and  by 
the  secretary.  And  in  all  actions,  suits,  or  proceedings,  the  said  board 
may  sue,  appear,  and  defend  in  person  or  by  attorneys,  and  in  the  name 
of  such  district.  The  board  of  directors  shall  have  power  whenever  it 
deems  it  necessary  for  its  own  guidance  or  for  the  best  interests  of  the 
district  to  submit  any  question  or  proposition  relating  to  the  construc- 
tion, maintenance,  improvement,  or  operation  of  the  works  or  the 
carrying  out  of  the  project  of  the  district,  to  the  qualified  voters  of  the 
district  at  any  general  election  or  at  a  special  election  called  for  the 
purpose,  which  election  shall  be  in  all  respects  conducted  as  is  provided 
for  other  elections  in  the  district.  The  said  board  shall  have  power 
generally  to  perform  all  such  acts  as  may  be  necessary  to  fully  carry 
out  the  purposes  of  this  act. 

Power  of  condemnation. 

Sec.  26.  The  board  of  directors  shall  have  the  right  and  power  to 
acquire  by  condemnation  all  lands,  waters,  water  rights,  or  any  use 
thereof  or  interest  therein,  and  any  other  property  or  rights  by  it 
deemed  necessary  for  the  construction,  maintenance,  improvement,  and 
operation  of  the  works,  or  the  carrying  out  of  the  project  of  the  district. 
In  case  of  condemnation  ])roeeedings  the  board  shall  proceed  in  the  name 
of  the  district  under  the  provisions  of  section  fourteen  of  article  one  as 
amended  of  the  constitution  of  the  State  of  California,  and  title  seven, 
part  three  of  the  Code  of  Civil  Procedure  of  California  and  all  plead- 
ings, proceedings,  and  process  in  said  title  provided  shall  be  applicable 
to  the  condemnation  proceeding  hereunder. 

Construction  and  maintenance  of  works. 

Sec.  27.  The  board  of  directoi^s  shall  proceed  to  carry  out  the 
project  of  the  district  in  accordance  with  the  plans  and  specifications  of 
the  duly  approved  and  adopted  report  of  said  board.  Before  making 
any  contract  for  the  construction  of  any  works  in  carrying  out  said 
project,  or  for  the  subsequent  maintenance,  improvement,  or  operation 
thereof,  said  board  shall  advertise  for  bids.  When  such  work  is  to  be 
done  said  board  shall  give  notice  by  publication  thereof  in  the  county 
in  which  the  office  of  the  board  is  located  once  a  week  for  four  suc- 
cessive weeks,  calling  for  bids  for  the  same.  If  less  than  the  whole  work 
provided  for  in  said  plans  and  specifications  is  to  be  done  and  advertised, 
the  portion  to  be  done  must  be  particularly  described  in  such  notice. 
Said  notice  shall  set  forth  that  plans  and  specifications  of  the  work  to 
be  done  can  be  seen  at  the  office  of  the  board,  and  that  the  board  will 
receive  sealed  proposals  therefor,  and  that  the  contract  will  be  let  to 
the  lowest  responsible  bidder,  stating  the  time  and  place  for  opening 
said  proposals,  which,  at  the  time  and  place  appointed  shall  be  opened 
in  public ;  and  as  convenient  thereafter  the  board  shall  let  said  work 


CALIFORXIA    IRRIGATION    DISTRICT   LAWS.  127 

either  in  portions  or  as  a  whole,  to  the  lowest  responsible  bidder ;  or  it 
may  reject  any  or  all  bids  and  readvertise  for  proposals  or  may  proceed 
to  construct  the  work  under  its  own  superintendence;  provided,  that 
in  case  of  emergency  or  urgent  necessity  the  board  of  directors,  by 
unanimous  vote  of  those  present  at  any  regular  or  special  meeting,  may 
award  contracts  without  advertising  for  bids,  but  the  amount  of  any 
contract  so  awarded  shall  not  exceed  ten  thousand  dollars.  Contracts 
for  the  purchase  of  materials  only  shall  be  awarded  to  the  lowest 
responsible  bidder.  Any  person  or  persons  to  whom  a  contract  may  be 
awarded  shall  enter  into  a  bond,  with  good  and  sufficient  sureties,  to  be 
approved  by  the  board,  payable  to  said  district  for  its  use.  for  twenty- 
five  per  cent  of  the  amount  of  the  contract  price,  conditioned  for  the 
full  and  faithful  performance  of  said  contract.  The  w^ork  shall  be  done 
under  the  direction  and  to  the  satisfaction  of,  and  be  approved  by  the 
board. 

Payment  of  claims. 

Sec.  28.  All  claims  against  the  district  shall  be  paid  by  warrants 
of  said  district.  To  provide  a  fund  for  that  puipose  the  board  of 
directors  may  from  time  to  time  draw  from  the  general  fund  deposited 
and  kept  to  the  credit  of  the  district  in  the  office  of  the  county  treasurer 
of  a  county  having  funds  belonging  to  the  district  in  his  possession 
sums  aggregating  not  more  than  twenty-five  thousand  dollars,  which 
said  sum  shall  be  deposited  with  the  treasurer  of  the  district  and  paid 
out  by  him  upon  warrants  of  the  district,  and  he  shall  report  to  the 
board  of  directors  in  writing  at  its  regular  meeting  in  each  month  the 
amount  of  money  in  the  district  treasury  and  the  amount  of  receipts 
and  the  amount  and  items  of  expenditures  for  the  month  preceding, 
which  said  report  shall  be  verified  and  filed  with  the  secretary  of  the 
board. 

Reports  to  state  engineer  of  work  done. 

Sec.  29.  During  the  construction  of  any  works  in  carrying  out  the 
project  of  any  water  storage  district  the  board  of  directors  of  such 
district  shall,  within  one  week  after  each  regular  meeting  of  said  board, 
forward  to  the  State  Engineer  a  report  of  the  progress  of  such  con- 
struction together  with  a  statement  of  the  amount,  or  amounts,  paid  for 
the  doing  of  such  work.  The  board  of  directors  at  their  regular  monthly 
meeting  in  January  of  each  year  shall  render  and  immediately  there- 
after cause  to  be  published  in  the  county  where  the  office  of  said  board 
is  situated  at  least  once  a  week  for  two  successive  weeks  a  verified 
statement  of  the  financial  condition  of  the  district,  showing  particu- 
larly the  receipts  and  disbursements  of  the  last  preceding  year,  together 
with  the  source  of  such  receipts  and  purpose  of  such  disbursements. 
Immediately  after  the  publication  of  said  statement  the  board  of 
directors  shall  cause  a  copy  thereof  accompanied  by  a  report  stating 
the  progress  of  the  work  under  construction  and  the  general  condition 
of  the  project  and  whether  or  not  the  same  is  being  successfully  and 
satisfactorily  carried  out,  and  any  other  matter  which  the  board  may 
deem  proper,  to  be  filed  with  the  state  engineer,  who  shall  examine  said 
statement  and  report  and  make  to  the  board  of  directors  such  recom- 


128  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

mendations  and  comments  as  lie  may  deem  proper  and  may  publish 
said  recommendations  and  comments  in  such  manner  as  may  be  deemed 
advisable.  Said  state  engineer  may  at  any  time  make  or  cause  to  be 
made  an  examination  of  the  atfairs  of  any  water  storage  district  within 
the  state  or  call  upon  the  board  of  directors  of  such  district  for  such 
information  as  he  may  desire,  and  may  make  and  publish  such  report 
thereon  as  he  may  deem  advisable. 

Right  of  way  privileges. 

Sec.  30.  The  board  of  directors  shall  have  power  to  construct  the 
said  works  across  or  intersecting  any  stream  of  water,  water-course, 
street,  avenue,  highway,  railway,  canal,  ditch,  or  flume,  in  such  manner 
as  to  afford  security  for  life  and  property ;  but  said  board  shall  restore 
the  same,  when  so  crossed  or  intersected,  to  its  former  state  as  near  as 
may  be,  or  in  a  sufficient  manner  not  to  have  impaired  unnecessarily 
its  usefulness;  and  every  company  whose  railroad  shall  be  intersected 
or  crossed  by  said  works  shall  unite  with  said  board  in  forming  said 
intersections  and  crossings,  and  grant  the  privileges  aforesaid ;  and  if 
such  railroad  company  and  said  board,  or  the  owners  and  controllers 
of  said  property,  thing,  or  franchise  to  be  so  crossed,  can  not  agree  upon 
the  amount  to  be  paid  therefor,  or  the  points  or  the  matter  of  said 
crossings  or  intersections,  the  same  shall  be  ascertained  and  determined 
in  all  respects  as  is  herein  provided  in  respect  to  the  taking  of  land. 
The  right  of  way  is  hereby  given,  dedicated,  and  set  apart  for  the 
location,  construction,  and  maintenance  of  said  works  over  and  through 
any  of  the  lands  which  are  now  or  may  be  the  property  of  this  state; 
and  also  there  is  given,  dedicated,  and  set  apart,  for  the  uses  and  pur- 
poses aforesaid,  all  waters  and  water  rights  belonging  to  this  state 
within  the  district. 

Compensation  of  officers. 

Sec.  31.  The  members  of  the  board  of  directors  when  sitting  as  a 
board  or  acting  under  the  orders  of  the  board,  shall  each  receive  not  to 
exceed  ten  dollars  per  day  and  ten  cents  per  mile  for  each  mile  actually 
traveled  from  his  place  of  residence  to  the  office  of  the  board,  and 
actual  and  necessary  expenses  paid  while  engaged  in  official  business 
under  the  order  of  the  board.  •  The  board  shall  ffx  the  compensation  to 
be  paid  to  all  other  officers  and  employees  named  in  this  act,  to  be 
paid  out  of  the  treasury  of  the  district,  except  as  herein  otherwise 
provided. 

Officers  not  to  be  interested  in  contracts. 

Sec.  32.  No  director  or  any  other  officer  named  in  this  act  shall  in 
any  manner  be  interested,  directly  or  indirectly,  in  any  contract 
awarded  or  to  be  awarded  by  the  board,  or  in  the  profits  to  be  derived 
therefrom ;  and  for  any  violation  of  this  provision,  such  officer  shall  be 
deemed  guilty  of  a  misdemeanor,  and  conviction  shall  work  a  forfeiture 
of  his  office,  and  he  shall  be  punished  by  a  fine  not  exceeding  five  hun- 
dred dollars,  or  by  imprisonment  in  the  county  jail  not  exceeding  six 
months,  or  by  both  such  fine  and  imprisonment. 


CALIFOR^fIA   IRRIGATION^   DISTRICT   LAWS.  129 

Incurring  indebtedness. 

Sec.  33.  The  board  of  directors  or  other  officers  of  the  district 
shall  have  no  power  to  incur  any  debt  or  liability  whatever,  either  by 
issuing  bonds  or  otherwise,  in  excess  of  the  express  provisions  of  this 
act ;  and  any  debt  or  liability  incurred  in  excess  of  such  provisions  shall 
be  and  remain  absolutely  void ;  provided,  that  nothing  contained  in  this 
section  shall  be  construed  as  limiting  the  right  of  the  board  to  enter  into 
any  contract  for  the  use  of  or  lease  for  any  lands,  water,  water  rights, 
or  other  property,  as  in  this  act  provided,  and  by  such  lease  or  contract 
to  bind  the  district  for  the  payment  of  the  rental  or  consideration 
specified  in  such  lease  or  contract. 

Distribution  of  water  under  certain   conditions. 

Sec.  34.  In  the  event  the  volume  of  the  water  under  the  control  of 
the  district  is  so  diminished  that  the  distribution  thereof  in  accordance 
with  the  apportionment  of  such  water  as  finally  made  and  approved  by 
the  adjustment  board  as  prescribed  in  section  nineteen  of  this  act,  will 
not,  in  the  judgment  of  the  board  of  directors,  result  in  an  economical, 
efficient,  and  beneficial  use  of  such  water,  said  board  shall  have  the 
power  to  distribute  in  a  just  and  ecpiitable  manner  the  water  available, 
in  such  manner,  at  and  for  such  times,  and  in  such  quantities  as,  in  the 
judgment  of  said  board,  will  best  promote  the  interests  of  said  district. 

GENERAL  ELECTIONS. 

Establishment  of  precincts. 

Sec.  35.  The  board  of  directors  of  a  water  storage  district  shall 
establish  a  convenient  number  of  election  precincts  in  the  district  and 
define  the  boundaries  thereof  and  at  least  one  such  precinct  must  be 
established  for  each  division  of  the  district,  and  said  board  whenever 
it  is  deemed  advisable  for  the  best  interests  of  the  district  and  the 
convenience  of  the  voters  may  at  any  time,  but  not  less  than  sixty  days 
before  an  election  to  be  held  in  the  district,  change  the  boundaries  of 
any  such  election  precinct,  which  changes  when  made  must  be  entered 
upon  the  minutes  of  the  board. 

Qualification  of  voters. 

Sec.  36.  No  person  shall  be  entitled  to  vote  at  a  general  election 
unless  he  holds  title  or  evidence  of  title  to  land  in  such  district,  and 
any  holder  of  land  under  a  possessory  right  acquired  by  entry  or  pur- 
chase from  the  United  States  or  the  State  of  California  shall  be  deemed 
to  be  a  holder  of  evidence  of  title  to  land,  and  each  qualified  voter  shall 
be  entitled  to  vote  in  person  or  by  written  proxy  in  each  precinct  in 
which  he  is  such  holder  of  title  or  evidence  of  title  to  land  and  to  cast 
one  vote  for  each  one  hundred  dollars  worth,  or  any  fraction  thereof, 
of  any  land  in  said  precinct  owned  by  him.  No  person  shall  vote  by 
proxy  unless  his  authority  to  cast  such  vote  shall  be  evidenced  by  an 
instrument  in  writing  duly  acknowledged  and  certified  in  the  same 
manner  as  grants  of  real  property  and  filed  with  the  board  of  election. 


9—16169 


130  CALIFORNIA   IRRIGATION    DISTRICT   LAWS. 

Elections,  when  held;  officers  to  be  elected. 

Sec.  37.  An  election,  which  shall  be  known  as  the  general  water 
storage  district  election,  shall  be  held  in  each  water  storage  district  on 
the  first  Wednesday  in  February  in  each  odd-numbered  year,  at  which 
a  successor  shall  be  chosen  to  each  olificer  whose  term  shall  expire  in 
March  next  thereafter.  The  person  receiving  the  highest  number  of 
votes  for  each  office  to  be  filled  at  such  election  shall  be  elected  thereto. 
The  term  of  office  of  each  elective  officer  of  the  district  elected  after 
the  election  on  organization  provided  for  in  section  seven  of  this  act 
shall  be  four  years,  or  until  his  successor  is  elected 'and  has  qualified. 

Notice  of  election;  appointment  of  election  officers. 

Sec.  38.  Twenty  days  before  a  general  election  held  under  this  act, 
the  secretary  of  the  board  of  directors  shall  cause  notices  to  be  posted 
in  three  public  places  in  each  election  precinct,  of  the  time  and  place 
of  holding  the  election,  and  shall  also  post  a  general  notice  of  the  same 
in  the  office  of  said  board  specifying  the  polling  places  of  each  precinct. 
Affidavits  of  the  publication  and  posting  of  such  notice  must  be  filed 
with  the  county  clerk  of  each  county  in  the  district,  together  with  a 
copy  of  the  order  calling  the  election  certified  by  the  president  of  the 
board  of  directors,  and  duplicates  filed  with  the  board  of  directors. 
Prior  to  the  time  for  posting  the  notices,  the  board  must  appoint  for 
each  precinct,  from  the  voters  thereof,  one  inspector  and  two  judges, 
who  shall  constitute  a  board  of  election  for  such  precinct.  If  the  board 
fail  to  appoint  a  board  of  election,  or  the  members  appointed  do  not 
attend  at  the  opening  of  the  polls  on  the  morning  of  election,  the 
voters  of  the  precinct  present  at  that  hour  may  appoint  the  board,  or 
supply  the  place  of  an  absent  member  thereof.  The  board  of  directors 
must,  in  its  order  appointing  the  board  of  election,  designate  the  place 
within  the  precinct  where  the  election  must  be  held. 

Nominating  petitions. 

Sec.  39.  Not  less  than  ten  days  before  the  election,  any  ten  or  more 
qualified  voters  in  any  division  of  the  district  may  file  with  the  board 
of  directors  a  petition,  requesting  that  certain  persons,  specified  in  such 
petition,  be  placed  on  the  ballot  as  candidates  for  the  office  named  in 
the  petition.  The  names  proposed  hy  the  various  petitions  so  filed,  and 
no  others,  shall  be  printed  on  the  l^allots.  But  there  shall  be  sufficient 
blank  spaces  left  in  which  voters  may  write  other  names  if  they  so 
desire.  The  petitions  shall  be  preserved  in  the  office  of  the  secretary 
of  the  district. 

Election  officers,  powers  and  duties  of. 

Sec.  40.  The  inspector  is  chairman  of  the  election  board  and  may 
administer  all  oaths  required  in  the  process  of  an  election ;  and 
appoint  judges  if,  during  the  progress  of  the  election,  any  judge  ceases 
to  act.  Any  member  of  the  board  of  election  may  administer  and 
certify  oaths  required  to  be  administered  during  the  progress  of  an 
election.  Before  opening  the  polls,  each  member  of  the  board  must 
take  and  subscribe  an  oath  to  faithfully  perform  the  duties  imposed 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  131 

upon  him  by  law.  Any  voter  of  the  precinct  may  administer  and 
certify  such  oath.  The  polls  must  be  opened  at  eight  a.m.  on  the 
morning  of  the  election,  and  be  kept  open  until  four  p.m.,  when  the 
same  must  be  closed. 

Ballots  and  manner  of  voting. 

Sec.  41.  The  ballot  used  at  the  election  shall  be  provided  by  the 
board  of  directors,  and  one  of  the  judges  of  election  shall  deliver  to 
each  of  the  qualified  voters  one  of  the  ballots  so  provided.  The  ballots 
shall  have  printed  on  them  the  names  of  all  candidates  whose  names 
have  been  filed  as  provided  in  this  act,  with  a  voting  square  behind  each 
name;  provided,  that  the  ballots  in  each  division  of  the  district  shall 
have  on  them  names  of  persons  to  be  voted  for  as  director  to  represent 
that  division  only,  and  no  director  shall  be  elected  by  the  district  at 
large.  The  names  shall  be  arranged  in  groups,  alphabetically,  under 
the  designation  of  the  office  for  which  each  person  named  is  a  candidate. 
Each  voter  shall  stamp  a  crass,  with  a  rubber  stamp  to  be  provided  by 
the  board  of .  directors,  in  the  square  behind  the  name  of  each  candi- 
date he  wishes  to  vote  for.  Each  ballot  cast  shall  contain  the  name  of 
the  person  casting  the  ballot  with  the  number  of  votes  cast  by  him.  A 
list  of  the  ballots  cast  shall  be  made  by  the  board  of  election  containing 
the  nam&s  of  each  voter,  and  if  the  ballot  be  ca^t  by  proxy  the  name 
of  the  person  casting  it,  the  number  of  votes  east  by  each,  and  whether 
the  same  be  cast  for  or  against  the  proposition  submitted  at  the  election. 

Voting  and  counting  of  votes. 

Sec.  42.  Voting  may  commence  as  soon  as  the  polls  are  opened,  and 
may  be  continued  during  all  the  time  the  polls  remain  opened,  and 
shall  be  conducted  as  nearly  as  practicable  in  accordance  with  the 
provisions  of  the  general  election  laws  of  this  state.  As  soon  as  all 
votes  are  counted,  a  certificate  shall  be  drawn  upon  each  of  the  papers 
containing  the  poll  lists  and  tallies,  or  attached  thereto,  stating  the 
number  of  votes  each  one  voted  for  has  received,  and  designating  the 
office  to  fill  which  he  was  voted  for,  which  number  shall  be  written  in 
figures  and  in  words  at  full  length.  Each  certificate  shall  be  signed 
by  a  judge  and  the  inspector.  One  of  said  certificates,  with  the  poll 
list  and  the  tally  paper  to  which  it  is  attached,  shall  be  retained  by  the 
inspector,  and  preserved  by  him  at  least  six  months.  The  ballots  shall 
be  strung  upon  a  cord  or  thread  by  the  inspector,  during  the  counting 
thereof,  in  the  order  in  which  they  are  entered  upon  the  tally  list  by 
the  judges ;  and  said  ballots,  together  with  the  other  of  said  certificates, 
with  the  poll  list  and  tally  paper  to  which  it  is  attached,  shall  be 
sealed  by  the  inspector  in  the  presence  of  the  judges  and  indorsed 
"Election  returns  of  (naming  the  precinct)  precinct,"  and  be  directed 
to  the  secretary  of  the  board  of  directors,  and  .shall  be  immediately 
delivered  by  the  inspector,  or  by  some  other  safe  and  responsible  carrier 
designated  by  said  inspector,  to  said  secretary,  and  the  ballots  shall  be 
kept  unopened  for  at  least  six  months;  and  if  any  qualified  voter  of 
the  district  be  of  the  opinion  that  the  vote  of  any  precinct  has  not  been 
correctly  counted,  he  may  appear  on  the  day  appointed  for  the  board 


132  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

of  directors  to  open  and  canvass  the  returns,  and  demand  a  recount 
of  the  vote  of  the  precinct  that  is  so  claimed  to  have  been  incorrectly 
counted.  No  list,  tally  paper,  or  certificate  returned  from  any  election 
shall  be  set  aside  or  rejected  for  want  of  form,  if  it  can  be  satisfactorily 
understood. 

Canvass  of  votes. 

Sec.  43.  Tlie  board  of  directors  must  meet  at  its  usual  place  of 
meeting  on  the  first  Monday  after  each  election  to  canvass  the  returns. 
If,  at  the  time  of  meeting,  the  returns  froni  each  precinct  in  the  district 
in  which  the  polls  were  opened  have  been  received,  the  board  of 
directors  must  then  and  there  proceed  to  canvass  the  returns ;  but  if  all 
the  returns  have  not  been  received,  the  canvass  must  be  postponed  from 
day  to  day  until  all  the  returns  have  been  received,  or  until  six  post- 
ponements have  been  had.  The  canvass  must  be  made  in  public  and 
by  opening  the  returns  and  ascertaining  the  vote  of  the  district  for 
each  person  voted  for,  and  declaring  the  result  thereof. 

Statement  of  results;  vacancy  in  office,  how  filled. 

Sec.  44.  The  secretary  of  the  board  of  directors  must,  as  soon  as 
the  result  is  declared,  enter  in  the  records  of  such  board  a  statement  of 
such  result,  which  statement  must  show:  (a)  the  whole  number  of 
votes  cast  in  the  district,  and  in  each  division  of  the  district;  (6)  the 
names  of  the  persons  voted  for;  (c)  the  office  to  fill  which  each  person 
was  voted  for;  (d)  the  number  of  votes  given  in  each  precinct  to  each 
of  such  persons;  (e)  the  number  of  votes  given  in  each  division  for 
the  office  of  director,  and  the  number  of  votes  given  in  the  district  for 
the  office  of  treasurer.  The  board  of  directors  must  declare  elected  as 
director  the  person  having  the  highest  number  of  votes  for  that  office 
in  each  division,  and  as  treasurer  the  person  having  the  highest  number 
of  votes  in  the  district.  The  secretary  must  immediately  make  out 
and  deliver  to  such  persons  certificates  of  election,  signed  by  him,  and 
authenticated  with  the  seal  of  the  board. 

In  case  of  a  vacancy  in  the  office  of  treasurer,  the  vacancy  shall  be 
filled  by  appointment  of  the  board  of  directors;  provided,  that  if  said 
board  of  directors  shall  neglect  or  refuse  to  make  such  appointment 
within  a  period  of  forty  days,  then  the  state  engineer  shall  make  such 
appointment.  In  case  of  a  vacancy  in  the  office  of  director,  the  vacancy 
shall  be  filled  by  appointment  by  the  state  engineer  from  the  division 
in  which  the  vacancy  occurred.  An  officer  appointed  as  above  provided 
shall  hold  his  office  for  the  remainder  of  the  unexpired  term  to  fill 
which  he  is  appointed,  and  until  his  successor  is  elected  and  qualified. 

Official  bonds. 

Sec.  45.  Within  ten  days  after  receiving  their  certificates  of 
election  herein  provided  for.  said  officers  shall  take  and  subscribe  the 
official  oath,  and  file  the  same  in  the  office  of  the  board  of  directors, 
and  execute  the  bond  hereinafter  provided  for.  The  treasurer  of  the 
district  shall  execute  an  official  bond  in  the  sum  of  fifty  thousand 
dollars  to  be  approved  by  the  board  of  directors;  provided,  that  the 


I 


CALIFORNIA    IRRIGATION   DISTRICT   LAWS.  133 

board  may,  if  it  shall  be  deemed  advisable,  fix  the  bond  of  the  treasurer 
to  suit  the  conditions  of  the  district,  the  maximum  amount  thereof  not 
to  exceed  fifty  thousand  dollars,  and  the  minimum  amount  thereof  not 
to  be  less  than  ten  thousand  dollars.  Each  member  of  the  board  of 
directors  shall  execute  an  official  bond  in  the  sum  of  five  thousand 
dollars.  Avhicli  said  bonds  shall  be  approved  by  a  .judge  of  the  superior 
court  and  shall  be  recorded  in  the  office  of  the  county  recorder  of  the 
county  in  which  the  office  of  the  board  is  situated,  and  filed  with  the 
secretary  of  said  board.  All  official  bonds  herein  provided  for  shall 
be  made  payable  to  the  proper  water  conservation  district  and  shall  be 
in  the  form  prescribed  by  law  for  the  official  bonds  of  county  officers 
and  the  premiums  thereon  may  be  paid  by  the  district ;  provuled,  that 
in  case  any  district  organized  under  this  act  is  appointed  fiscal  agent 
of  the  United  States  or  by  the  United  States  in  connection  with  any 
federal  reclamation  project,  each  of  said  officers  shall  execute  a  further 
and  additional  official  bond  in  such  sum  as  the  secretary  of  the  interior 
may  require,  conditioned  for  the  faithful  discharge  of  the  duties  of 
his  office  and  the  faithful  discharge  of  the  district  of  its  duties  as  fiscal 
or  other  agent  of  the  United  Statas  under  any  such  appointment  or 
authorization,  and  any  such  bond  may  be  sued  upon  by  the  United 
States  or  any  person  injured  by  the  failure  of  such  officer  of  the  district 
to  fully,  promptly,  and  completely  perform  their  respective  duties. 

If  election  not  held,  provision  for  special  election. 

Sec.  46.  If  an  election  is  not  held  as  herein  provided,  then  upon 
the  filing  of  a  petition  with  the  secretary  of  the  board  of  directors  of 
such  district,  signed  by  ten  per  cent  of  the  cpialified  voters  residing 
within  the  boundaries  of  any  such  district,  requesting  that  a  special 
election  be  called  for  the  election  of  such  officers,  the  directors  of  such 
district  shall  thereupon  call  a  special  election  thereof  for  the  election  of 
such  officers,  such  election  to  be  held  within  not  less  than  fifteen,  nor 
more  than  thirty  days  after  the  filing  of  such  petition. 

Beginning  of  terms  of  officers;. organization  of  board  of  directors. 

Sec.  47.  At  noon  of  the  first  Tuesday  in  March  next  following 
their  election,  except  as  provided  in  section  twelve  of  this  act,  the 
officers  who  shall  have  been  elected  at  the  preceding  general  district 
election  shall  enter  upon  the  duties  of  their  respective  offices.  On  the 
first  Tuesday  in  March  next  following  each  election,  the  directors  shall 
meet  and  organize  as  a  board,  elect  a  president  and  appoint  a  secretary, 
who  shall  each  hold  office  during  the  pleasure  of  the  board. 

Recall  of  officers. 

Sec.  48.  The  holder  of  any  elective  office  of  any  district  may  be 
removed  or  recalled  at  any  time  by  the  voters;  provided,  he  has  held 
his  office  at  least  six  months.  The  procedure  to  effect  such  removal  or 
recall  shall  be  as  follows :  A  petition  demanding  the  election  of  a  .suc- 
cessor to  the  person  sought  to  be  removed  shall  be  filed  with  the  secre- 
tary of  the  board  of  directors  of  such  district,  which  petition  shall  be 
signed  by  qualified  voters  constituting  at  least  twenty-five  per  cent  of 
the  highest  vote  cast  within  such  district  for  candidates  for  the  office, 


134  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

the  incumbent  of  which  is  sought  to  be  removed,  at  the  last  general 
election  in  such  district  at  which  an  incumbent  of  such  office  was 
elected,  or,  in  the  case  of  the  removal  of  the  incumbent  of  an  office 
elected  by  a  subdivision  of  such  district,  such  petition  shall  be  signed  by 
a  like  percentage  of  qualified  voters  of  such  subdivision  computed  upon, 
the  total  number  of  votes  cast  in  such  subdivision  for  all  candidates 
for  the  office,  the  incumbent  of  which  is  sought  to  be  removed,  at  the 
last  general  election  in  such  subdivision  at  which  an  incumbent  of  such 
office  was  elected ;  and  said  petition  shall  contain  a  statement  of  the 
grounds  on  which  the  removal  or  recall  is  sought,  which  statement  is 
intended  solely  for  the  information  of  the  voters.  Any  insufficiency 
of  form  or  substance  in  such  statement  shall  in  no  wise  affect  the 
validity  of  the  election  and  proceedings  held  thereunder.  The  signa- 
tures to  the  petition  need  not  all  be  appended  to  one  paper.  Each 
signer  shall  add  to  his  signature  his  place  of  residence,  giving  the 
precinct,  and  if  within  a  town  having  named  streets  and  numbered 
houses,  street  and  number.  Each  such  separate  paper  shall  have 
attached  thereto  an  affidavit  made  by  a  qualified  voter  of  the  district 
and  sworn  to  before  an  officer  competent  to  administer  oaths,  stating 
that  the  affiant  circulated  that  particular  paper  and  saw  written  the 
signatures  appended  thereto ;  and  that  according  to  the  best  informa- 
tion and  belief  of  the  affiant,  each  is  the  genuine  signature  of  the  person 
whose  name  purports  to  be  thereunto  subscribed  and  of  a  qualified 
voter  of  the  district.  Within  ten  days  from  the  date  of  filing  such 
petition,  the  secretary  of  the  board  shall  examine  and  from  the  records 
of  qualified  voters  ascertain  whether  or  not  said  petition  is  signed  by 
the  requisite  number  of  such  qualified  voters,  and  he  shall  attach  to 
said  petition  his  certificate  showing  the  result  of  said  examination.  If 
by  the  said  certificate  the  petition  is  shown  to  be  insufficient,  it  may  be 
supplemented  within  ten  days  from  the  date  of  such  certificate,  by  the 
filing  of  additional  papers,  duplicates  of  the  original  petition  except  as 
to  the  names  signecl.  The  secretary  shall,  within  ten  days  after  such 
supplementing  papers  are  filed,  make  like  examination  of  a  supple- 
menting petition,  and  if  a  certificate  shall  show  that  all  the  names  to 
such  petition,  including  the  supplemental  papers,  are  still  insufficient, 
no  action  shall  be  taken  thereon ;  but  the  petition  shall  remain  on 
file  as  a  public  record;  and  the  failure  to  secure  sufficient  names  shall 
be  without  prejudice  to  the  filing  later  of  an  entirely  new  petition  to 
the  same  effect.  If  the  petition  shall  be  found  to  be  sufficient,  the 
secretary  shall  submit  the  same  to  the  board  of  directors  without  delay, 
whereupon  the  board  shall  forthwith  cause  a  special  election  to  be  held 
within  not  less  than  thirty-five  nor  more  than  forty  days  after  the  date 
of  the  order  calling  such  election,  to  determine  whether  the  voters  will 
recall  such  officer;  provided,  that  if  a  general  water  storage  district 
election  is  to  occur  within  sixty  clays  from  the  date  of  the  order  calling 
for  such  election,  the  board  may  in  its  discretion  postpone  the  holding 
of  such  election  to  such  general  election  or  submit  such  recall  election 
at  any  such  general  election  for  officers  of  such  district  occurring  not 
less  than  thirty-five  days  after  such  order.  If  a  vacancy  occur  in  said 
office  after  a  recall  petition  is  filed,  the  election  shall  nevertheless 
proceed  as  in  this  section  provided.     One  petition  Is  sufficient  to  pro- 


CALrFORNl'A   IRRIGATION   LAWS.  135 

pose  a  removal  and  election  of  one  or  more  elective  officials.  One 
election  is  competent  for  the  removal  and  election  of  one  or  more 
elective  officials.  Nominations  for  any  office  nnder  such  recall  election 
shall  be  made  in  the  manner  prescribed  by  section  thirty-nine  of  this 
act. 

There  shall  be  printed  on  the  recall  l)allot,  as  to  every  officer  whose 
recall  is  to  be  voted  on  thereat,  the  following  question:  "Shall  (name 
of  person  against  whom  the  recall  petition  is  filed)  be  recalled  from  the 
office  of  (title  of  the  office)  ?"  following  which  question  shall  be  the 
words  "yes"  and  "no"  on  separate  lines,  with  a  blank  space  at  the 
right  of  each,  in  which  the  voter  shall  indicate  by  stamping  a  cross  ( X ) 
his  vote  for  or  against  such  recall.  On  such  ballots,  under  each  such 
question,  there  shall  also  be  printed  the  names  of  those  persons  who 
have  been  nominated  as  candidates  to  succeed  the  person  recalled,  in 
case  he  shall  be  removed  from  office  by  said  recall  election ;  but  no  vote 
shall  be  counted  for  any  candidate  for  said  office  unless  the  voter  also 
voted  on  said  question  of  the  recall  of  the  person  sought  to  be  recalled 
from  said  office.  The  name  of  the  person  against  whom  the  petition  is 
filed  shall  not  appear  on  the  ballot  as  a  candidate  for  the  office.  If  a 
majority  of  those  voting  on  said  question  of  the  recall  of  any  incumbent 
from  office  shall  vote  "no,"  said  itieumbent  shall  continue  in  said  office. 
If  a  majority  shall  vote  "yes,"  said  incumbent  shall  thereupon  be 
deemed  removed  from  such  office,  upon  the  qualification  of  his  suc- 
cessor. The  election  shall  be  conducted,  canvass  of  all  votes  for  candi- 
dates for  said  office  shall  be  made,  and  the  result  declared  in  like  manner 
as  in  a  regular  election  within  such  district.  If  the  vote  at  any  such 
recall  election  shall  recall  the  officer,  then  the  candidate  who  has  received 
the  highest  number  of  votes  for  the  office  shall  be  thereby  declared 
elected  for  the  remainder  of  the  term.  In  case  the  pei*son  who  received 
the  highest  number  of  votes  shall  fail  to  qualify  within  ten  days  after 
receiving  the  certificate  of  election,  the  office  shall  be  deemed  vacant 
and  shall  be  filled  according  to  law.  If  the  vote  at  any  such  recall 
election  shall  not  recall  the  officer,  no  further  petition  for  the  recall  of 
such  officer  shall  be  filed  before  the  expiration  of  six  months  from  the 
date  of  such  first  recall  election. 

SPECIAL  ELECTIONS. 

Special  elections,  how  held. 

Sec.  49.  Notice  of  any  special  election  to  be  held  pursuant  to  the 
provisions  of  this  act  must  be  given  by  posting  notices  in  three  public 
places  in  each  election  precinct  in  the  water  conservation  district  for  at 
least  twenty  days,  and  also  by  publication  of  said  notice  once  a  week  for 
three  successive  weeks  in  each  county  in  which  any  land  in  said  district 
is  located.  Such  notice  must  specify  the  time  and  place  of  holding  the 
election  and  the  purpose  thereof.  Unless  otherwise  in  this  act  expressly 
specified  said  election  shall  be  held  and  the  result  thereof  determined 
and  declared  as  nearly  as  may  be  in  accordance  with  the  provisions  of 
this  act  relating  to  general  water  conservation  district  elections:  pro- 
vided, that  no  informalities  in  conducting  such  election  shall  invalidate 
the  same  if  the  election  shall  have  been  otherwise  fairly  conducted. 


136  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

GENERAL  PROVISIONS. 

Contest  of  elections. 

Sec.  50.  Any  election  held  under  the  provisions  of  this  act  may  be 
contested  by  any  person  owning  property  within  the  district,  or  pro- 
posed district,  liable  to  assessment.  Such  contest  shall  be  brou2;ht  in 
the  superior  court  of  any  county  in  which  some  portion  of  the  land 
within  the  district  or  proposed  district  is  situated  and  shall  be  conducted 
in  the  manner  provided  for  contests  of  election  by  title  two  of  part  three 
of  the  Code  of  Civil  Procedure  of  California,  except  that  in  the  case  of 
a  contest  not  involving  the  right  of  a  person  declared  elected  to  an 
office  to  hold  such  office  the  directors  of  the  district  shall  be  made 
parties  to  the  contest.  The  court  having  jurisdiction  shall  speedily  try 
such  contest  and  determine  upon  the  hearing  whether  the  election  was 
fairly  conducted  and  in  substantial  compliance  with  the  requirements 
of  this  act  and  enter  its  .judgment  accordingly.  Such  contest  must  be 
brought  within  twenty  days  after  the  canvass  of  the  vote  and  declara- 
tion of  the  result.  The  right  of  appeal  is  hereby  given  to  either  party 
to  the  record  within  thirty  days  from  entry  of  judgment.  The  appeal 
must  be  heard  and  determined  by  the  supreme  court  within  sixty  days 
from  the  time  of  the  filing  of  the  notice  of  appeal. 

Determination  of  ownership  and  value  of  land. 

Sec.  51.  For  all  purposes  of  this  act  relating  to  signing  petitions 
and  voting  at  any  election,  and  for  all  other  purposes  when  the  question 
of  title  to  or  value  of  land  claimed  to  be  owned  by  a  petitioner  or  voter 
is  involved,  the  county  assessment  roll  last  e(jualized  at  the  time  of  the 
election  or  filing  of  the  petition,  in  each  county  wherein  any  such  land 
is  situated  shall  be  sufficient  evidence  of  ownership  and  value.  If  any 
parcel  of  land  is  assessed  on  any  such  assessment  roll  to  unknown  or 
fictitiously  named  owners,  or  to  unnamed  owners  in  addition  to  any 
owner  or  owners  named  thereon,  said  parcel  of  land  shall  be  deemed 
for  any  of  the  purposes  of  this  act  to  have  but  one  owner  in  addition 
to  any  owner  or  owners  whose  true  name  or  names  may  be  purported 
to  be  given  on  such  assessment  roll.  The  holder  of  title  or  evidence  of 
title  to  an  undivided  interest  in  any  land  affected  by  any  of  the  provi- 
sions of  this  act  may  sign  any  petition  or  vote  at  any  election  provided 
for  in  this  act,  and  such  undivided  interest  shall  be  counted  and  valued 
as  though  it  were  a  separate  interest,  and  if  the  assessment  roll  shall 
fail  to  indicate  the  extent  of  any  such  undivided  interest  the  holders  of 
title  or  evidence  of  title  whose  undivided  interests  in  any  land  are  not 
specifically  defined  shall  be  deemed  to  have  equal  shares  therein.  Where 
property  has  been  conveyed  prior  to  the  election  and  such  change  of 
interest  does  not  appear  by  such  assessment  roll  the  original  deed  of 
conveyance,  or  a  copy  thereof  duly  certified  by  the  county  recorder  of 
the  county  wherein  the  same  has  been  recorded,  or  otherwise  authen- 
ticated, shall  be  sufficient  evidence  to  entitle  the  holder  thereof  to  vote 
the  acreage  therein  described.  Any  person  not  legally  qualified  to 
vote  who  shall  make  any  false  statement  in  respect  to  his  right  to  vote 
shall  incur  all  of  the  penalties  provided  in  the  Penal  Code  of  the  State 
of  California  for  persons  illegally  voting  at  elections.  The  certificate 
of  the  register  of  the  United  States  land  office  for  the  district  in  which 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  137 

the  lands  are  situated,  or  of  the  surveyor  general  of  the  State  of  Cali- 
fornia, shall  be  sufficient  evidence  of  possessor}^  right  in  any  lands 
entered  under  the  laws  of  the  United  States  or  of  the  State  of  California. 
Guardians,  personal  representatives  and  other  persons  holding  land  in  a 
trust  capacity  under  appointment  of  court  may'sign  any  petition  and 
may  vote  at  any  election  in  behalf  of  the  estate  represented  by  them 
without  obtaining  any  special  authority  therefor.  A  certificate  of 
acknowledgment  taken  before  a  notary  public  or  justice  of  the  peace 
of  any  state,  or  an  affidavit  by  any  person  in  the  presence  of  whom  a 
petition  was  signed,  shall  be  sufficient  evidence  of  the  genuineness  of 
such  signature  and  of  the  fact  of  place  of  residence  of  any  petitioner 
under  this  act.  The  state  engineer  shall,  prior  to  the  election  on  orga- 
nization, and  at  all  subsequent  elections  the  board  of  directors  shall, 
cause  to  be  prepared  and  certified  and  furnished  to  the  election  board 
at  each  voting  place  in  the  district  a  copy  of  each  of  said  assessment 
rolls  as  far  as  the  same  pertains  to  any  land  in  the  respective  precincts, 
and  shall  likewise  cause  to  be  prepared  and  furnished  to  the  election 
boards  lists  certified  by  the  register  of  the  United  States  land  office 
or  the  survej^or  general  of  the  State  of  California,  as  the  ca^e  may  be, 
showing  the  lands  entered  under  the  laws  of  the  United  States  or  of  the 
State  of  California,  respectively,  which  said  lists,  so  far  as  disclosed 
by  the  records  of  said  offices,  shall  contain  the  names  of  the  persons 
entitled  to  possessor}-  rights  therein  and  the  cpiantity  of  land  held  by 
each  of  said  persons  by  virtue  of  said  rights.  Said  assessment  rolLs 
and  said  lists  shall  be  used  by  the  election  boards  in  determining  the 
qualifications  of  voters  and  the  number  of  votes  each  voter  is  entitled 
to  cast. 

Where  a  tract  of  land  is  situated  partly  within  and  partly  T\dthout 
the  boundaries  of  an  election  precinct  and  the  assessment  roll  contains 
a  valuation  of  said  tract  as  a  whole  the  same  must  be  apportioned 
according  to  the  number  of  acres  lying  within  and  without  the  boimd- 
aries  of  said  precinct.  If  there  shall  be  included  in  any  asses-sment 
roll  or  list  as  furnished  to  an  election  board  any  land  which  has  no 
valuation  assigned  to  it,  then  the  state  engineer  or  the  board  of 
directors,  as  the  case  may  be,  shall  request  the  county  assessor  of  the 
county  in  which  such  land  is  .situated  to  value  said  land  and  it  shall 
be  the  duty  of  such  county  assessor  to  prepare  and  furnish  to  the  state 
engineer  or  board  recpiesting  it  a  statement  of  the  value  of  such  land 
as  the  same  shall  be  appraised  by  him,  which  value  .shall  be  arrived  at 
as  nearly  as  may  be  done  in  the  same  manner  and  upon  the  same  basis 
as  was  the  valuation  for  purposes  of  taxation  assessed  upon  other  lands 
in  the  precinct  similarly  situated,  and  the  valuation  so  made  by  the 
county  assessor  shall  be  furnished  to  the  election  board  of  the  precinct 
in  which  the  land  so  valued  is  situated  and  shall  be  used  by  the  election 
hoard  in  determining  the  number  of  votes  which  the  holder  of  title  or 
evidence  of  title  to  such  land  is  entitled  to  cast. 

Publication,  how  and  where  made. 

Sec.  52.  Whenever  any  notice  or  publication,  or  notice  of  publica- 
tion, or  official  advertising,  or  publication  of  process  is  required  to  be 
given  or  made  by  the  provisions  of  this  act  the  same,  unless  otherwise 
specifically  provided  iu  this  act,  shall  be  given  or  made  in  a  newspaper 


138  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

of  general  circulation  as  defined  by  the  laws  of  this  state,  printed  and 
published  in  each  county  in  which  any  of  the  lands  in  a  water  conserva- 
tion district,  or  a  proposed  water  conservation  district,  are  situated, 
and  if  in  any  such  county  or  counties  there  be  no  such  newspaper  then 
in  a  newspaper  printed  and  published  in  an  adjoining  county. 

State  engineer,  additional  duties  of. 

Sec.  53.  The  state  engineer  shall  have  authority  and  it  shall  be  his 
duty  to  give  information,  so  far  as  may  be  practicable,  to  persons  con- 
templating the  organization  of  a  water  storage  district,  and  whenever 
the  department  of  engineering  of  this  state  shall  deem  it  in  the  public 
interest  that  preliminary  surveys  and  field  investigations  of  proposed 
water  storage  district  projects  shall  be  made  at  the  expense  of  the  state 
the  state  engineer  shall  make  such  surveys  and  investigation  and  pre- 
pare a  report  thereof  which  shall  be  kept  on  file  in  his  office. 

Records  of  proceedings. 

Sec.  54.  The  state  engineer  and  the  board  of  directors  of  every 
water  storage  district  shall,  respectively,  cause  to  be  entered  in  books  to 
be  kept  for  that  purpose  a  complete  and  connected  record  of  all  their 
acts  and  transactions  and  shall  execute  all  contracts  and  other  written 
instruments  in  duplicate,  one  copy  of  each  of  which,  together  with  any 
other  documents,  instruments,  or  other  papers  filed  with  them,  shall 
be  kept  and  preserved  on  file  in  their  respective  offices  and  open  to" 
in.spection  by  the  public  during  business  hours.  Said  records  and  all 
documents,  instruments,  or  other  papers  filed  as  above  provided,  or  a 
copy  or  copies  of  any  thereof  certified  by  the  state  engineer  or  secretary 
of  the  board,  shall  be  received  in  evidence  without  further  proof  in 
any  court  of  this  state,  or  before  any  board  or  tribunal  authorized  to 
hear  or  consider  a  matter  wherein  the  same  shall  be  properly  admissible 
in  evidence. 

Title  to,  and  disposition  of  property. 

Sec.  55.  The  legal  title  to  all  property  acquired  under  the  provi- 
sions of  this  act  shall  by  operation  of  law,  immediately  upon  the 
acquisition  thereof,  vest  in  the  water  storage  district  by  which  it  is 
acquired,  and  shall  be  held  by  such  district  in  trust  for  the  uses  and 
purposes  set  forth  in  this  act,  and  is  hereby  dedicated  and  set  apart 
to  said  uses  and  purposes.  The  board  of  directors  is  hereby  authorized 
and  empowered  to  hold,  use,  manage,  occupy,  and  possess  said  property 
and  may  determine  by  resolution  duly  entered  upon  its  minutes,  that 
an}'  property,  real  or  personal,  held  by  the  district  is  not  necessary  for 
the  uses  and  purposes  thereof  and  may  sell  the  same  for  an  adequate 
consideration;  and  a  conveyance  or  transfer  of  any  of  the  property 
of  a  district  executed  by  the  president  and  secretary  of  its  board  of 
directors  in  pursuance  of  a  resolution  of  the  board  adopted  as  above 
provided,  shall  convey  good  title  to  the  property. 


CALIFORNIA   IRRIGATION    DISTRICT   LAWS.  139 

Warrants,  how  drawn. 

Sec.  56.  AVarrants  drawn  by  the  state  en^neer  shall  be  signed  by 
him  and  shall  be  drawn  upon  the  treasurer  of  the  water  storage  district. 
Warrants,  drawn  by  the  board  of  directors  shall  be  signed  by  its  presi- 
dent and  secretary  and  countersigned  by  its  treasurer,  and  shall  be 
drawn  upon  the  county  treasurer  of  a  county  having  funds  belonging 
to  the  district  in  his  possession  for  payment  of  the  principal  or  interest 
of  bonds,  and  upon  the  treasurer  of  the  district  or  the  county  treasurer 
of  such  a  county,  as  the  case  may  be,  for  payment  of  all  other  claims 
and  demands. 

Warrants,  payment  of  and  interest  on  unpaid. 

Sec.  57.  Whenever  any  warrant  of  the  district  payable  on  demand 
is  presented  for  payment  when  funds  are  not  available  for  the  payment 
thereof,  it  shall  thereafter  draw  interest  at  a  rate  to  be  determined  by 
resolution  of  the  board  of  directors,  not,  however,  to  exceed  seven  per 
centum  per  annum,  until  public  notice  is  given  that  such  funds  are 
available.  Upon  the  presentation  of  any  such  warrants  for  payment 
when  funds  of  the  district  are  not  available  to  pay  the  same,  the 
treasurer  of  the  district  or  of  the  county,  as  the  case  may  be,  shall 
endorse  thereon  the  words  "funds  not  available  for  payment,"  with 
the  date  of  presentation,  and  shall  specify  the  interest  that  such  war- 
rants shall  thereafter  bear  and  shall  sign  his  name  thereto.  He  .shall 
keep  a  record  showing  the  number  and  amount  of  each  such  warrant, 
the  date  of  its  issuance,  the  person  in  whose  favor  it  was  issued,  and 
the  date  of  its  presentation  for  payment,  and  such  warrant  is  and  shall 
be  considered  as  a  contract  in  writing  for  the  payment  of  money  and 
the  period  prescribed  for  the  commencement  of  an  action  based  upon 
such  warrant  is  and  shall  be  four  years  from  the  date  of  issuance. 
Whenever  there  is  sufficient  money  in  the  treasury  to  pay  all  such 
outstanding  warrants,  or  whenever  the  board  of  directors  shall  order 
that  all  such  warrants  presented  for  payment  prior  to  a  certain  date 
be  paid  and  there  is  sufficient  money  available  for  such  payment,  the 
proper  treasurer  shall  publish  a  notice  once  a  week  for  two  successive 
weeks  in  some  newspaper  published  in  the  county  in  which  the  office  of 
the  board  of  directors  is  situated,  stating  that  he  is  prepared  to  pay  all 
warrants  of  the  district  for  the  payment  of  which  funds  were  not  avail- 
able upon  their  original  presentation,  or  all  such  warrants  which  were 
presented  for  payment  prior  to  the  date  fixed  by  the  board  of  directors 
as  the  case  may  be,  and  no  further  description  o^  the  warrants  entitled 
to  payment  need  be  made  in  such  notice.  Upon  the  presentation  of 
any  warrant  entitled  to  payment  under  the  terms  of  such  notice,  the 
treasurer  shall  pay  it  together  with  interest  thereon  at  the  rate  specified 
by  the  board  of  directors,  from  the  date  of  its  original  presentation 
for  payment  to  the  date  of  the  first  publication  of  said  notice,  and  all 
warrants  for  the  payment  of  which  funds  are  declared  in  said  notice 
to  be  available  shall  cease  to  draw  interest  at  the  time  of  the  first  publi- 
cation of  said  notice.  The  treasurer  shall  enter  in  the  record  herein- 
before required  to  be  kept,  the  dates  of  the  payment  of  all  such  war- 
rants, the  names  of  the  persons  to  whom  payments  are  made,  and  the 
amount  paid  to  each  person. 


140  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

Declaration  of  public  use. 

Sec.  58.  It  is  hereby  declared  that  the  State  of  California  has  a 
paramount  interest  in  the  storage,  conservation  and  diversion  of  water, 
the  prevention  of  floods,  the  irrigation,  drainage,  and  reclamation  of 
land  and  the  prodnction  of  electric  energy;  and  that  such  storage, 
conservation,  diversion,  irrigation,  prevention  of  floods,  reclamation, 
drainage,  and  prodnction  of  electric  energy  will  make  productive  vast 
quantities  of  land  that  are  comparatively  unproductive  and  will 
increase  production,  property  valuations,  and  population  in  the  state, 
make  profitable  the  cultivation  of  small  tracts  and  promote  subdivision 
of  larger  tracts,  and  will  promote  the  welfare  and  prosperity  of  all  the 
people.  The  powers  herein  conferred  upon  the  state  engineer  and 
board  of  directors  are  hereby  declared  to  be  police  and  regulatory 
powers-  and  are  necessary  to  the  accomplishment  of  a  purpose  that  is 
indispensable  to  the  public  interests,  and  the  water  storage  districts 
hereunder  provided  to  be  formed  are  districts  of  the  nature  of  irri- 
gation, reclamation,  or  drainage  districts  in  respect  to  all  matters  con- 
templated in  the  provisions  of  the  constitution  of  the  State  of  Cali- 
fornia relating  to  irrigation,  reclamation,  or  drainage.  The  use  of  all 
water  required  for  the  irrigation  of  the  lands  of  any  district  formed 
under  the  provisions  of  this  act  and  for  domestic  and  other  incidental 
and  beneficial  uses  within  such  district,  together  with  the  rights  of  way 
for  canals  and  ditches,  sites  for  reservoirs  and  all  other  property 
required  in  fully  carrying  out  the  provisions  of  this  act  is  hereby 
declared  to  be  a  public  use,  sub.ject  to  the  regulation  and  control  of 
the  state,  in  the  manner  prescribed  by  law. 

Exemption  of  property  from  taxation. 

Sec.  59.  The  rights  of  way,  ditches,  canals,  flumes,  pipe  lines,  dams, 
water  rights,  reservoirs,  power  plants,  and  transmission  lines,  and  all 
other  property  of  like  character  belonging  to  a  water  storage  district 
shall  not  be  taxed  for  state  and  county  or  municipal  purposes. 

Conduct  of  actions. 

Sec.  60.  The  court  or  other  board  or  tribunal  having  jurisdiction 
before  whom  any  action,  proceeding,  or  contest  in  this  act  provided  for 
is  heard  shall,  when  considering  the  regularity,  legality,  or  correctness 
thereof,  disregard  any  error,  irregularity,  or  omission  whicli  does  not 
afi:'ect  the  substantial  rights  of  the  parties  concerned.  In  all  such 
actions,  proceedings,  .or  contests  the  rules  of  pleading  and  practice 
provided  by  the  Code  of  Civil  Procedure  of  California,  in  so  far  a.'^ 
they  are  not  inconsistent  with  the  provisions  of  this  act,  shall  apply. 
A  motion  for  a  new  trial  or  hearing  in  such  action,  proceeding,  or 
contest  must  be  heard  and  determined  within  ten  days  from  the  filing 
of  the  notice  of  intention.  The  costs  on  any  such  action,  proceeding, 
or  contest  may  be  allowed  and  apportioned  between  the  parties  or  taxed 
to  the  defeated  party  in  the  discretion  of  the  court,  board,  or  tribunal 
before  whom  the  same  is  heard.  No  such  action,  proceeding,  or  contest 
shall  be  commenced  other  than  within  the  time  and  manner  herein 
specified,  and  in  the  determination  thereof  all  findings  of  fact  or  con- 


1 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  141 

elusions  of  the  state  engineer  or  the  board  of  directors  upon  all  matters 
shall  be  held  to  be  conclusive  unless  the  action,  proceeding,  or  contest 
was  instituted  within  six  months  after  such  findings  or  conclusions  were 
made. 

Consolidation  of  actions. 

Sec.  61.  If  two  or  more  actions  or  contests  shall  be  pending  at  the 
same  time  in  the  same  court  or  before  the  same  board  or  tribunal  for 
the  purpose  of  contesting  or  determining  the  validity  of  identical  or 
similar  acts  or  matters  under  the  provisions  of  this  act,  said  actions 
or  contests  shall  be  consolidated  and  tried  together. 

Neglect  of  official  to  perform  duty. 

Sec.  62.  It  shall  be  the  duty  of  the  state  engineer  to  ascertain 
whether  the  duties  relating  to  the  levying  and  collection  of  any  assess- 
ment or  assessments  provided  for  in  this  act  have  been  performed  by 
the  proper  officer,  and  if  the  engineer  shall  learn  that  any  officer  of  the 
district  or  of  any  county  therein  has  neglected  or  refused  to  perform 
such  duty  he  shall  forthwith  notify  the  district  attorney  of  the  county 
in  which  the  office  of  the  district  is  located  of  such  failure  or  neglect, 
and  said  district  attorney  shall,  thereupon,  after  due  notice  to  the 
official  or  officials  involved,  take  such  proceedings  in  court  as  may  be 
necessary  to  compel  the  performance  of  such  duty. 

Penalty  for  violation  of  duty  by  officer. 

Sec.  63.  For  any  wilful  violation  of  any  express  duty  in  this  act 
provided  for  on  the  part  of  any  officer  herein  named,  such  officer  shall 
be  liable  upon  his  official  bond  and  shall  be  subject  to  removal  from 
office  by  proceeding  brought  in  the  superior  court  of  the  county  in 
which  the  office  of  the  board  of  directors  of  the  district  is  located,  by 
any  assessment  payer  of  the  district. 

Omission  of  land  from  assessment. 

Sec.  64.  In  the  event  any  land  sub.ject  to  assessment  is  not  ass&ssed 
or  does  not  appear  upon  the  assessment  book  of  the  district  for  any 
year,  the  land  so  omitted  may  be  assessed  in  the  next  or  any  year 
following,  and  the  amount  of  such  assessment  shall  be  added  to  and 
become  a  part  of  the  assessment  levied  upon  the  knd  for  such 
subsequent  year. 

Dissolution  of  district. 

Sec.  65.  Any  wafer  storage  district  organized  pursuant  to  the  pro- 
visions of  this  act  may  be  dissolved  for  the  same  reasons,  under  the 
same  circumstances,  in  the  same  manner,  upon  the  same  conditions, 
and  with  the  same  results  as  is  or  may  be  provided  by  the  laws  of  this 
state  for  the  dissolution  of  irrigation  districts  organized  under  the  laws 
of  California;  provided,  that  in  case  a  contract  authorized  by  law  has 
been  made  between  a  water  storage  district  and  the  United  States  per- 
taining to  the  construction,  maintenance,  or  operation  of  the  works  of 
the  district,  or  the  delivery  or  supply  of  water  therefor,  no  such  district 


142  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

shall  be  dissolved  nor  shall  any  proceedings  be  initiated  by  a  court  or 
otherwise  for  the  purpose  of  dissolving  such  district,  unless  and  until 
the  consent  in  writing  of  the  secretary  of  the  interior  to  such  dissolu- 
tion or  proceedings  has  first  been  obtained. 

Title  of  act. 

Sec.  66.  This  act  shall  be  known  and  may  be  referred  to  in  any 
action,  proceeding,  or  legislative  enactment,  as  the  "California  water 
storage  district  act." 

Unconstitutionality  of  part  of  act,  effect  of. 

Sec.  67.  If  any  section,  subdivision,  sentence,  clause,  or  phrase  of 
this  act  be  for  any  reason  held  to  be  unconstitutional,  such  decision 
shall  not  affect  the  validity  of  the  remaining  portions  of  this  act,  and 
the  legislature  hereby  declares  that  it  would  have  passed  this  act  and 
each  and  every  other  section,  subdivision,  sentence,  clause,  and  phrase 
thereof,  irrespective  of  the  fact  tliat  any  one  or  more  sections,  sub- 
divisions, sentencfts,  clauses,  or  phrases  of  this  act  be  declared  imcon- 
stitutional. 

Time  of  taking  effect  of  act. 

Sec.  68.  This  act  shall  take  effect  from  and  after  its  passage  and 
approval. 

Repeal  of  other  acts. 

Sec.  69.  The  California  irrigation  act,  approved  June  4,  1915,  and 
all  acts  amendatory  thereof,  and  all  acts  and  parts  of  acts  inconsistent 
with  any  of  the  provisions  of  this  act,  are  hereby  repealed,  but  nothing 
in  this  act  shall  be  construed  as  repealing  or  in  anywise  modifying  the 
provisions  of  any  other  act  relating  to  the  subject  of  irrigation. 

WATERWORKS  DISTRICTS,  COUNTY. 

An  act  to  provide  for  tlic  formation,  i)ianagemcnt  and  dissolution  of 
county  ivatenvorlis  districts;  for  supplying  the  inhahitants  thereof 
with  water;  for  levying  and  collecting  taxes  on  property  in  such 
districts;  and  for  the  issuance  of  county  waterworks  district  bonds, 
and  the  pay meni;  thereof . 

(Approved  June  13,   1913,  Stat.s.   1913,  p.  785.      Amended  Stats.   1915,  p.  1188.) 

Formation  of  county  waterworks  districts. 

Section  1.  Any  portion  of  a  county,  containing  unincorporated 
territory,  or  containing  the  whole  or  any  portion  of  one  or  more  incor- 
porated cities  and  contiguous  unincorporated  territory,  and  not  included 
in  a  county  irrigation  district  or  county  waterworks  district,  may  be 
formed  into  a  county  waterworks  district,  and  provision  made  for  the 
purpose  of  supplying  the  inhabitants  of  such  district  with  water,  in  the 
manner  and  under  the  proceedings  hereinafter  described.  (Amended 
Stats.  1915,  p.  1188.) 

Bliss  vs.   Hamilton,  171   Cal.   123. 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  143 

Petition. 

Sec.  2.  A  petition  for  the  formation  of  such  county  waterworks 
district  may  be  presented  to  the  board  of  supervisors  of  the  county  in 
which  the  proposed  district  is  located,  which  petition  shall  be  signed 
by  not  less  than  fifty  freeholders,  resident  within  the  proposed  district, 
and  shall  contain: 

(1)  The  name  and  boundaries  of  the  proposed  county  waterworks 
district  to  be  benefited  by  the  said  improvement. 

(2)  A  general  description  of  the  improvement  desired  for  the  pur- 
pose of  supplying  the  inhabitants  of-  such  district  with  water,  and 
which  may  embrace  any  or  all  of  the  following:  the  acquisition,  con- 
struction, installation,  completion,  extension,  repair  or  maintenance 
of  waterworks,  structures  and  appliances,  and  the  acquisition,  by  pur- 
chase, condemnation,  contract,  lease,  or  otherwise,  of  lands,  rights  of 
way,  water,  water  rights  and  water  service,  necessary  or  convenient  for 
such  purpose, 

(3)  An  estimate  of  the  cost  of  the  proposed  improvement  and  of 
the  incidental  expenses  in  connection  therewith. 

(4)  A  request  that  an  election  be  called  in  said  district  for  the 
purpose  of  submitting  to  the  qualified  voters  thereof  the  proposition 
of  forming  such  district  and  incurring  indebtedness  by  the  issuance  of 
bonds  of  such  district  to  pay  the  cost  and  expenses  of  the  proposed 
improvement.  Such  petition  must  be  accompanied  by  a  map  showing 
the  exterior  boundaries  of  the  proposed  district,  with  relation  to  the 
territory  immediately  contiguous  thereto,  and  contain  a  general  descrip- 
tion of  the  proposed  improvement.  There  shall  also  be  filed  with  said 
petition  a  good  and  sufficient  undertaking,  to  be  approved  by  the  board 
of  supervisors,  in  double  the  amount  of  the  probable  cost  of  forming 
such  district,  conditioned  that  the  sureties  shall  pay  said  cost,  in  case 
the  formation  of  such  district  shall  not  be  effected.  (Amended  Stats. 
1915,  p.  1189.) 

Hearing  on  petition. 

Sec.  3.  Such  petition  must  be  presented  at  a  regular  meeting  of 
said  board  of  supervisors,  and  the  board  shall  thereupon  fix  a  time  for 
hearing  the  same,  and  protests  of  interested  parties,  not  less  than 
twenty-one,  nor  more  than  thirty  days  after  the  date  of  presentation 
thereof.  The  clerk  of  the  said  board  shall  thereupon  cause  notices  of 
the  filing  and  hearing  of  such  petition  to  be  posted  in  three  of  the  most 
public  places  in  said  district.     Said  notice  shall  be  headed  "Notice  of 

the  formation  of county  waterworks 

district  No. "  (stating  name  of  county  in  which  the 

district  is  located  and  the  number  of  the  proposed  district)  in  letters  not 
less  than  one  inch  in  length,  and  shall,  in  legible  characters,  state  the 
fact  and  date  of  the  filing  of  such  petition,  the  date  and  hour  set  for 
hearing  such  petition  and  protests,  briefly  describe  the  proposed 
improvement,  specify  the  exterior  boundaries  of  the  district  to  be 
benefited  by  such  improvement  and  to  be  taxed  to  provide  for  such 
improvement,  and  refer  to  said  petition,  map  and  general  description 
of  the  proposed  improvement  for  further  particulars.  The  said  clerk 
shall  also  cause  a  notice,  similar  in  substance,  to  be  published  at  least 


144"  CALlPORNlxV    IRRIGATION    DISTRICT   LAWS, 

once  a  week  for  two  consecutive  weeks  in  a  newspaper  of  general  circu- 
lation printed  and  published  in  the  connty  in  which  the  proposed 
district  is  located,  and  designated  by  said  board  for  that  purpose.  Said 
notice  must  be  posted  and  published,  as  above  provided,  at  least  ten 
days  before  the  date  set  for  the  hearing  of  said  petition.  (Amended 
Stats.  1915,  p.  1189.) 

Bliss  vs.   HumUton,  171   Cal.    123. 

Written  protests;  changes  in  boundaries. 

Sec.  4.  Any  person  interested,  objecting  to  the  formation  of  said 
district,  or  to  the  extent  of  said  district,  or  to  the  proposed  improve- 
ment, or  to  the  inclusion  of  his  property  in  said  district,  may  file  a 
written  protest,  setting  forth  such  objections,  with  the  clerk  of  said 
board  at  or  before  the  time  set  for  the  hearing  of  said  petition.  The 
clerk  of  said  board  shall  endorse  on  each  such  protest  the  date  of  its 
reception  by  him,  and,  at  the  time  appointed  for  the  hearing  above 
provided  for,  shall  present  to  said  board  all  protests  so  filed  with  him. 
Said  board  shall  hear  said  petition  and  protests  at  the  time  appointed, 
or  at  any  time  to  which  the  hearing  thereof  may  be  adjourned,  and 
pass  upon  the  same,  and  its  decision  thereon  shall  be  final  and  con- 
clusive. If  any  of  such  protests  be  against  the  formation  of  said  dis- 
trict, or  against  the  proposed  improvement,  and  be  sustained,  no  further 
proceedings  shall  be  had  or  taken  pursuant  to  said  petition,  but  a  new 
petition  for  the  same  or  a  similar  purpose  may  be  filed  at  any  time. 
If  any  of  such  protests  be  against  the  extent  of  said  district,  or  against 
the  inclusion  of  property  in  said  district,  then  the  board  shall  have 
power  to  make  such  changes  in  the  boundaries  of  the  proposed  district 
as  it  shall  find  to  be  proper  and  advisable,  and  shall  define  and  estab- 
lish such  boundaries,  but  said  board  shall  not  modify  such  boundaries 
so  as  to  exclude  from  such  proposed  district  any  territory  which  will  be 
benefited  by  said  improvement,  nor  shall  any  territory  which  will  not, 
in  the  judgment  of  said  board  be  benefited  by  said  improvement,  be 
included  within  such  proposed  district. 

Neither  shall  said  board  modify  such  boundaries  except  after  notice 
of  its  intention  so  to  do,  given  by  one  insertion  in  a  newspaper  of 
general  circulation  printed  and  published  in  said  county  and  designated 
by  said  board  for  that  purpose,  describing  the  proposed  modification, 
and  specifying  a  time  for  hearing  objections  to  such  modification,  which 
time  shall  be  at  least  ten  days  after  the  publication  of  said  notice. 
Written  objections  to  such  proposed  modification  may  be  filed  with  the 
clerk  of  said  board  by  any  interested  person  at  or  before  the  time  set 
for  hearing  the  same.  Said  board  shall  hear  and  pass  upon  such 
objections  at  the  time  appointed,  or  at  any  time  to  which  the  hearing 
thereof  may  be  adjourned,  and  its  decision  thereon  shall  be  final  and 
conclusive.  If  such  objections  or  any  of  them,  be  sustained,  no  further 
proceedings  pursuant  to  such  petition  shall  be  taken,  but  a  new  petition 
for  the  same  or  a  similar  purpose  may  be  filed  at  any  time. 

At  the  expiration  of  the  time  within  which  protests  may  be  filed, 
if  none  be  filed,  or  if  protests  be  filed  and,  after  hearing  be  denied,  oi*  '] 
at  the  expiration  of  the  time  within  which  objections  to  the  modification 
of  the  boundaries  of  the  district,  in  case  such  modification  be  proposed, ':] 


CALIFORNIA   IRRIGATION    DISTRICT   LAWS.  145 

may  be  filed,  if  none  be  filed,  or  if  such  objections  be  filed  and,  after 
hearing,  be  overruled,  a.s  above  provided,  then  said  board  shall  be 
deemed  to  have  acquired  jurisdiction  to  further  proceed  in  accordance 
with  the  provisions  of  this  act. 

Election;  rate  of  interest. 

Sec.  5.  The  board  of  supervisors  shall,  by  ordinance  or  resolution 
adopted  at  a  regular  or  special  meeting  thereof  after  having  acquired 
jurisdiction  to  proceed,  as  provided  above,  provide  for  and  order  the 
holding  of  a  special  election  in  such  proposed  county  waterworks  dis- 
trict and  the  submission  to  the  qualified  voters  thereof,  of  the  proposi- 
tion of  forming  such  district  and  incurring  a  debt  by  the  issuance  of 
bonds  of  such  district  for  the  purposes  set  forth  in  said  petition.  The 
ordinance  or  resolution  calling  such  special  election  shall  also  recite  the 
objects  and  purposes  for  which  the  proposed  indebtedness  is  to  be 
incurred,  the  estimated  cost  of  the  proposed  improvement,  the  amount 
of  the  principal  of  the  indebtedness  to  be  incurred  therefor,  and  the 
rate  of  interest  to  be  paid  on  said  indebtedness,  and  shall  fix  the  date 
on  which  said  special  election  shall  be  held,  the  manner  of  holding  the 
same,  and  the  manner  of  voting  for  or  against  said  proposition.  The 
maximum  rate  of  interest  to  be  paid  on  such  indebtedness  shall  be  eight 
per  centum  per  annum,  pavable  semiannually.  (Amended  Stats.  1915, 
p.  1190.) 

Conduct  of  election. 

Sec.  6.  For  the  purposes  of  said  election,  the  board  of  supervisors 
shall,  in  said  ordinance  or  resolution,  establish  one  or  more  precincts 
within  the  boundaries  of  the  said  county  waterworks  district,  designate 
a  polling  place,  and  appoint  one  inspector,  one  judge  and  one  clerk  for 
each  such  precinct.  In  all  particulars  not  recited  in  such  ordinance 
or  resolution,  such  election  shall  be  held  as  provided  by  law  for  holding 
general  elections  in  such  county.  Said  ordinance  or  resolution  ordering 
the  holding  of  said  election  shall,  prior  to  the  date  set  for  such  election, 
be  published  five  times  in  a  daily,  or  twice  in  a  weekly  or  semi-weekly 
newspaper  of  general  circulation  printed  and  published  in  said  county 
and  designated  by  said  board  of  supervisors  for  said  purpose,  and  shall 
be  posted  in  three  of  the  most  public  places  in  said  county  waterworks 
district  at  least  ten  days  prior  to  the  date  set  for  such  election.  Xo 
other  notice  of  such  election  need  be  given.  If  at  such  election  a 
majority  of  the  votes  cast  are  in  favor  of  the  formation  of  such  district 
and  the  incurring  of  such  bonded  indebtedness,  then  thg  board  of 
supervisors  shall  enter  an  order  to  that  efi^ect  upon  its  minutes,  declaring 
said  district  formed,  and  said  board  shall  thereupon  be  authorized 
and  empowered  to  issue  the  bonds  of  said  district  for  the  amount  pro- 
vided for  in  such  proceedings,  payable  out  of  funds  of  such  district  to 
be  provided  as  in  this  act  prescribed.     (Amended  Stats.  1915,  p.  1190.) 

Bliss  vs.  Hamilton,  171   Cal.   123. 


10—16169 


146  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

Form  of  bonds. 

Sec.  7.  The  board  of  supervisors,  by  an  order  entered  upon  its 
minutes,  shall,  subject  to  the  provisions  of  this  act,  prescribe  the  form 
of  said  bonds  and  of  the  interest  coupons  attached  thereto.  Said  bonds 
shall  be  payable  in  the  following  manner :  a  part  to  be  determined  by 
.said  board,  and  which  shall  not  be  less  than  one-fortieth  part  of  the 
whole  amount  of  such  indebtedness,  shall  be  payable  each  and  every 
year  on  a  day  and  date,  and  at  a  place,  to  be  fixed  by  said  board,  and 
designated  in  such  bonds,  together  with  the  interest  on  all  sums  unpaid 
on  such  date,  until  the  whole  of  said  indebtedness  shall  have  been  paid ; 
provided,  however,  that  the  board  of  supervisors  may,  in  its  discretion, 
determine  and  fix  a  date  for  the  earliest  maturity  of  the  principal  of 
such  bonds  not  more  than  ten  years  from  the  date  of  the  issue  of  such 
bonds,  but,  in  this  event,  tlie  whole  amount  of  such  indebtedness  must 
be  made  payable  in  equal  annual  parts  in  not  to  exceed  forty  3'ears  from 
the  time  of  contracting  the  same.  The  bonds  shall  be  issued  in  such 
denominations  as  the  board  of  supervisors  may  determine,  except  that 
no  bonds  shall  be  of  a  less  denomination  than  one  hundred  dollars,  nor 
of  a  greater  denomination  than  one  thousand  dollars,  and  shall  be 
payable  on  the  day  and  at  the  place  fixed  in  such  bonds  and  with 
interest  at  the  rate  specified  in  such  bonds,  which  rate  shall  not  be  in 
excess  of  eight  per  cent  per  annum  and  shall  be  payable  semiannually, 
and  said  bonds  shall  be  signed  by  the  chairman  of  the  board  of  super- 
visors and  countersigned  by  the  auditor  of  said  county,  and  the  seal  of 
said  county  shall  be  affixed  thereto.  The  interest  coupons  of  said  bonds 
shall  be  numbered  consecutively  and  signed  by  the  auditor  of  said 
county  by  his  engraved  or  lithographed  signature.  In  case  any  such 
officers  whose  signatures  or  countersignatures  appear  on  the  bonds  or 
coupons  shall  cease  to  be  such  officer  before  the  delivery  of  such  bonds 
to  the  purchaser,  such  signature  or  countersignature  .shall,  nevertheless, 
be  valid  and  sufficient  for  all  purposes,  the  same  as  if  such  officer  had 
remained  in  office  until  the  delivery  of  the  bonds. 

Issue  and  sale  of  bonds. 

Sec.  8.  The  board  of  supervisors  may  issue  and  sell  the  bonds  of 
such  district,  authorized  as  hereinabove  provided,  at  not  less  than  par 
value,  and  the  proceeds  of  the  sale  of  such  bonds  shall  be  placed  in 
the  county  treasury  to  the  credit  of  the  proper  county  waterworks  dis- 
trict fund  and  shall  be  applied  exclusively  to  the  purposes  and  olijects 
mentioned  in  the  ordinance  or  resolution  ordering  the  holding  of  the 
bond  election,  as  aforesaid;  provided,  that  in  such  ease  of  the  annexa- 
tion of  all  the  territory  comprising  a  county  waterworks  district  to  an 
incorporated  city,  as  provided  for  in  section  thirteen  of  this  act,  subse- 
([uent  to  the  authorization  of  l)onds  by  such  district  and  prior  to  the  issu- 
ance and  sale  thereof,  the  governing  legislative  authority  of  such  city  is 
hereby  authorized  to  issue  and  sell  said  bonds.  The  proceeds  of  the 
sale  of  such  bonds  shall  be  placed  in  the  city  treasury  to  the  credit  of 
the  proper  county  waterworks  district  fund,  and  shall  be  applied  exclu- 
sively to  the  purposes  and  objects  mentioned  in  the  ordinance  or  resolu- 
tion ordering  the  holding  of  the  bond  election,  as  aforesaid.  (Amended 
Stats.  1915,  p.  1911.) 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  147 

Tax  levy  for  princi^'jal  and  interest. 

Sec.  9.  The  board  of  supervisors  shall  levy  a  tax,  each  year,  upon 
the  taxable  property  in  such  county  waterworks  district,  sufficient  to 
pay  the  interest  on  said  bonds  for  that  year,  and  such  portion  of  the 
principal  thereof  as  is  to  become  due  before  the  time  for  making  the 
next  general  tax  levy;  provided,  Jiowever,  that  if  the  maturity  of  the 
indebtedness  created  by  the  issue  of  such  bonds  be  made  to  begin  more 
than  one  year  after  the  date  of  such  issue,  such  tax  shall  be  levied  and 
collected  at  the  time  and  in  the  manner  aforesaid  each  year,  sufficient 
to  pay  the  interest  on  such  indebtedness  as  it  falls  due,  and  also  to 
constitute  a  sinking  fund  for  the  payment  of  the  principal  thereof  on 
or  before  maturity.  Such  tax  shall  l3e  levied  and  collected  at  the  time 
and  in  the  same  manner  as  the  general  tax  levy  for  county  purposes, 
and  when  collected  shall  be  paid  into  the  county  treasury  and  be  used 
for  the  payment  of  the  principal  and  interest  on  said  bonds,  and  for 
no  other  purpose.  The  principal  and  interest  on  said  bonds  shall  be 
paid  by  the  county  treasurer  in  the  manner  provided  by  law  for  the 
payment  of  principal  and  interest  on  bonds  of  such  count3\  (Amended 
Stats.  1915,  p.  1191.) 

Bliss  vs.  Hamilton,  171  Cal.  123. 

Tax  for  maintenance;  water  rates. 

Sec.  10.  The  board  of  supervisors  of  any  count}-  wherein  a  county 
waterworks  district  has  been  formed  under  the  provisions  of  this  act, 
shall  have  the  power,  in  any  ja^ar  after  the  establishment  of  such  dis- 
trict, to  levy  a  tax  upon  the  taxable  property  in  such  district  sufficient 
to  pay  the  cost  and  expenses  of  maintaining,  operating,  extending  and 
repairing  the  waterworks  of  said  district  for  the  ensuing  fiscal  year,  and 
said  tax  .shall  be  levied  and  collected  at  the  time  and  in  the  same  manner 
as  the  general  tax  levy  for  county  purposes,  and  the  revenue  derived 
from  said  tax  shall  be  paid  into  the  county  treasury  to  the  credit  of 
the  proper  fund  of  said  district,  and  said  board  shall  have  the  power 
to  control  and  order  the  expenditure  thereof  for  said  purpose.  Said 
board  of  supervisors  shall  also  have  power  to  fix  and  collect  rates  or 
charges  for  the  use  and  supply  of  water  furnished  by  the  system  of 
said  county  waterworks  district,  and  to  apply  the  receipts  from  said 
rates  or  charges  to  the  expenses  of  the  administration  and  government 
of  said  district  and  the  use,  operation  and  extension  of  the  waterworks 
and  water  supply.     (Amended  Stats.  1915,  p.  1192.) 

Contracts  for  improvements. 

Sec.  11.  All  contracts  for  furnishing  the  labor,  materials  or  supplies 
required  for  any  improvement  mentioned  in  this  act,  shall  be  let  to  the 
lowest  responsible  bidder.  The  board  of  supervisors  of  the  county 
shall  advertise  for  two  or  more  days  in  a  newspaper  of  general  cir- 
culation, printed  and  published  in  such  county,  inviting  sealed  pro- 
posals for  furnishing  the  labor,  materials  and  supplies  for  the  proposed 
improvement  before  any  contract  shall  be  made  therefor.  The  board 
shall  have  the  right  to  require  such  bonds  as  it  may  deem  best  from 
the  successful  bidder,  to  insure  the  faithful  performance  of  the  contract, 
and  shall  also  have  the  right  to  reject  any  and  all  bids;  provided,  how- 
ever, that  nothing  herein  contained  shall  be  construed  as  prohibiting 


148  CALIFORNIA    IRRIGATION    DISTRICT   LAWS, 

such  county  itself,  and,  when  ordered  by  the  board  of  supervisors 
thereof,  it  shall  have  power,  to  make  the  proposed  improvement  without 
a  contractor  therefor,  and  to  purchase  the  materials  and  supplies,  and 
employ  the  labor  necessary  for  such  purpose;  and  provided,  further, 
that  any  improvement  for  which  bonds  are  voted  under  the  provisions 
of  this  act,  shall  be  made  in  conformity  with  the  general  description 
of  the  proposed  improvement  thereof  provided  for  in  section  two  hereof. 
Any  improvement  provided  for  in  this  act  may  be  located,  constructed 
and  maintained  in,  along  or  across  any  public  road  or  highway,  or  pub- 
licly owned  right  of  way  in  the  county,  in  such  manner  as  to  aiford 
security  for  life  and  property ;  ])ut  the  board  of  supervisors  of  the 
county  shall  restore,  or  cause  to  be  restored,  such  road  or  highway,  or 
publicly  owned  right  of  way  to  its  former  state,  as  near  as  may  be,  or 
in  a  sufficient  manner  not  to  have  impaired  unnecessarily  its  usefulness. 
(Amended  Stats.  1915,  p.  1192.) 

District  ha.s  no  authority  to  pay  for  promotion  expenses  incidental  to  tlie  organ- 
ization of  tlie  district. 

Biggart  vs.  Lewis,  60  C.  D.  282. 

Rules  and  regulations. 

Sec.  12.  The  board  of  supervisors  of  any  county  wherein  any  such 
county  waterworks  district  is  situated,  shall  have  power  to  make  and 
enforce  all  rules  and  regulations  necessary  for  the  administration  and 
government  of  such  district,  and  for  the  accjuisition,  purchase  or  con- 
struction, the  use  and  operation  of  the  waterworks  thereof ;  to  appoint  or 
employ  all  needful  agents,  superintendents  and  engineers  to  properly 
look  after  the  performance  of  any  work  provided  for  in  this  act ;  and  to 
perform  all  other  acts  necessary  or  proper  to  accomplish  the  purposes 
of  this  act.     (Amended  Stats.  1915,  p.  119-3.) 

Title  to  property;  annexation  to  municipal  cororation. 

Sec.  18.  The  title  to  all  property  which  may  have  been  acquired 
lor  a  county  waterworks  district,  created  under  the  provisions  of  this 
act,  shall  be  vested  in  the  county  wherein  such  county  waterworks  dis- 
trict is  located;  provided,  that  whenever  all  of  the  territory  in  such 
county  waterworks  district  shall  be  annexed  to,  or  otherwise  included 
within,  any  municipal  corporation  owning  works  for  supplying  the 
inhabitants  thereof  with  water,  then  such  county  waterworks  district 
shall  be  deemed  dissolved,  but  said  municipal  corporation  shall  have 
authority  to  issue  and  sell  any  bonds  of  such  district  theretofore  voted 
but  not  issued  and  sold,  as  provided  in  section  eight  of  this  act.  Upon 
such  annexation,  the  property  of  such  county  waterworks  district  shall 
thereupon  become  the  property  of  such  municipal  corporation  and  shall 
become  a  part  of,  and  be  used  in  connection  with,  the  works  so  owned 
by  said  municipal  corporation ;  and  such  municipal  corporation  and  the 
proper  officers  thereof  shall,  as  to  such  proj^erty,  and  as  to  the  levy 
and  collection  of  taxes  to  meet  the  payments  of  principal  and  interest 
on  outstanding  bonds  of  such  district  and  the  making  of  such  payments, 
have  and  exercise  the  powers  and  perform  the  duties  vested  in  and 
imposed  upon  the  said  county,  and  the  board  of  supervisors  and  other 
officers  thereof,  prior  to  such  annexation  or  inclusion.  All  money  in 
the  county  treasury  to  the  credit  of  any  fund  of  such  county  waterworks 


CALIFORNIA    IRRIGATION   DISTRICT   LAWS.  149 

district  shall,  upon  the  annexation  or  inclusion  of  such  territory,  as 
above  provided,  be  forthwith  transferred  to  the  treasury  of  said  munici- 
pal corporation  and  be  used  for  the  purposes  for  which  the  same  was 
available  prior  to  such  transfer  and  none  other. 

Whenever  the  major  portion  of  the  territory  of  a  county  waterworks 
district,  created  under  the  provisions  of  this  act,  shall  be  annexed  to, 
or  otherwise  included  within  any  one  municipal  corporation,  owning 
works  for  supplying  the  inhabitants  thereof  with  water  then  the  board 
of  supervisors  of  the  county  may  lease  to  said  municipal  corporation, 
for  periods  not  exceeding  five  years  each,  that  portion  of  the  distributing 
system  of  said  county  waterworks  district  which  may  be  in  said  portion 
of  said  district  annexed  to  or  included  in  such  muiiicipal  corporation. 
Such  municipal  corporation  may  use  said  leased  distributing  system  for 
the  purpose  of  distributing  water  directly  to  individual  consumers 
thereon,  with  the  same  power  of  regulating  the  service  of  water  through 
the  same,  and  of  charging  and  collecting  for  said  service,  as  if  said 
leased  distributing  system  were  part  of  the  municipally  owned  water 
plant  of  said  municipal  corporation.  The  board  of  supervisors  shall, 
in  any  such  lease,  reserve  the  right  to  use  said  leased  distributing 
system,  for  the  benefit  of  that  portion  of  the  county  waterworks  district 
not  annexed  to  or  included  in  said  municipal  corporation,  to  the  extent 
that  said  leased  .system  is  essential  to  the  efficient  operation  of  the  bal- 
ance-of  the  system.     (Amended  Stats.  1915,  p.  1193.) 

Dissolution  of  district. 

Sec.  14.  Any  such  county  waterworks  district  may,  except  as  other- 
wise provided  in  this  act,  be  dissolved  by  the  board  of  supervisors  as 
hereinafter  provided.  Upon  receiving  a  petition  signed  by  fifty  or 
more  freeholders  and  residents  of  such  county  waterworks  district, 
requesting  the  dissolution  of  such  district,  the  board  of  supervisors  shall 
fix  a  time  for  hearing  such  petition,  which  shall  be  not  less  than  ten 
nor  more  than  thirty  days  after  the  receipt  of  such  petition,  and  shall, 
at  least  five  days  prior  to  the  time  so  fixed,  publish  notice  of  such  hear- 
ing by  one  insertion  in  a  daily,  weekly  or  semiweekly  newspaper  printed, 
published  and  circulated  in  said  county.  At  the  time  appointed  for 
such  hearing,  or  at  any  time  to  which  the  same  may  be  adjourned,  the 
board  of  supervisors  shall  hear  and  pass  upon  such  petition  and  may 
grant  or  deny  the  same,  and  its  decision  thereon  shall  be  final  and 
conclusive.  If  such  petition  be  granted  the  board  of  supervisors  shall, 
by  ordinance  or  resolution,  order  the  dissolution  of  said  district,  and 
such  district  shall  thereby  be  dissolved ;  provided,  that  if  at  the  time 
of  the  dissolution  of  said  district  there  be  any  outstanding  bonded  or 
other  indebtedness  of  such  district,  then  taxes  for  the  payment  of  such 
bonded  or  other  indebtedness  shall  be  levied  and  collected  the  same  as 
if  such  district  had  not  been  dissolved.     (Amended  Stats.  1915,  p.  1194.) 

Alternative  method  provided. 

Sec.  15.  This  act  shall  not  aft'ect  any  other  act  or  acts  relating  to 
the  same  or  a  similar  subject,  but  is  intended  to  provide  an  alternative 
method  of  procedure  governing  the  subject  to  which  it  relatas.  When 
proceeding  under  the  provisions  of  this  act  its  provisions  and  none  other 
shall  apply. 


150  CALIFORNIA    IRRIGATION   DISTRICT   LAWS, 

Construction. 

Sec.  16.  The  provisions  of  this  act  shall  be  liberally  construed  to 
effect  the  purposes  thereof. 

Change  of  name;  proceedings  not  affected. 

Sec.  17.  The  name  of  any  county  irrigation  district,  heretofore 
organized    under    the    provisions    of   this    act,    is    hereby    changed    to 

'' county  waterworks  district  No " 

retaining  the  same  county  name  and  the  same  number  heretofore  a  part 
of  its  name. 

Any  proceedings  heretofore  taken  under  the  provisions  of  this  act, 
and  any  bond  issue  heretofore  voted  by  any  county  irrigation  district, 
under  the  provisions  of  this  act,  whether  said  bond  issue  shall  have  been 
issued  and  sold,  or  not,  shall  not  be  affected  in  any  manner,  except  as 
in  this  act  provided,  by  reason  of  the  change  of  name  provided  for 
herein,  or  by  reason  of  any  amendment  or  change  of  this  act  made  by 
the  amending  act,  providing,  among  other  amendments,  this  section 
seventeen ;  but  any  such  proceedings  and  any  such  bond  issue  shall 
continue  and  proceed  without  interruption,  in  accordance  with  the  pro- 
visions of  this  act  amended. 

This  act  may  be  referred  to  as  the  "county  waterworks  district  act." 
(Added  Stats.  1915,  p.  1194.) 


WATERWORKS  DISTRICTS,  BONDS  OF. 

An  act  relating  to  honds  of  county  waterworks  districts,  providi7iq  under 
what  circumstances  such  hands  shall  he  legal  investments  for  funds 
of  hanks,  insurance  companies  and  trust  companies,  trust  funds,  state 
school  funds  and  an\i  money  or  funds  wliich  may  now  or  hereafter 
he  invested  in  honds  of  cities,  cities  and  counties,  counties,  school 
districts  or  municipalities,  and  providing  under  what  circumstances 
the  use  of  hands  of  county  waterworks  districts  as  security  for  the 
performance  of  any  act  may  he  authorized. 

(Approved  June  5,   191.5,  Stats.   1915,  p.   1211.) 

Unsold  bonds  of  district. 

Section  1.  Whenever  the  board  of  supervisors  of  any  county  in 
which  a  county  waterworks  district  has  been  formed  and  organized 
under  and  pursuant  to  the  laws  of  the  State  of  California  shall  by 
resolution  declare  that  it  deems  it  desirable  that  am'  contemplated  or 
outstanding  bonds  of  said  district,  including  any  of  its  bonds  authorized 
but  not  sold,  shall  be  made  available  for  the  purposes  provided  for  in 
section  seven  of  this  act,  the  said  board  of  supervisors  shall  thereupon 
file  a  certified  copy  of  such  resolution  with  the  commission  hereinafter 
provided  for. 


C.VLIFORNIA    IRRIGATION   DISTRICT   LAWS.  151 

Report  of  district's  affairs. 

Sec.  2.  Such  comimssion,  upon  tlie  receipt  of  a  certified  copy  of 
such  resolution,  shall,  without  delay,  make  or  cause  to  be  made  an 
investigation  of  the  affairs  of  the  district  and  report  in  writing  upon 
such  matters  as  it  may  deem  essential,  and  particularly  upon  the  foUov:- 
ing  points : 

(a)  The  supply  of  water  available  for  the  project  and  the  right  of 
the  district  to  so  much  water  a.s  may  be  needed. 

(h)  The  nature  of  the  soil  a.s  to  its  fertility  and  susceptibility  to  irri- 
gation, the  probable  amount  of  water  needed  for  its  irrigation  and  the 
probable  need  of  drainage. 

(c)  The  feasibility  of  the  district's  waterworks  system  and  of  the 
specific  project  for  which  the  bonds  under  consideration  are  dasired 
to  have  been  used,  whether  such  system  and  project  be  constructed, 
projected  or  partially  completed. 

(d)  The  reasonable  market  value  of  the  water,  water  rights,  canals, 
tanks,  reservoirs,  reservoir  sites,  rights  of  way,  pipe  lines,  waterworks, 
buildings  and  machinery  owned  by  such  district  or  to  be  aeciuired  or 
constructed  by  it  with  the  proceeds  of  any  of  such  bonds. 

(e)  The  reasonable  market  value  of  the  lands  included  within  the 
boundaries  of  the  district. 

(/■)  AYhether  or  not  the  aggregate  amount  of  the  bonds  under  con- 
sideration and  any  other  outstanding  bonds  of  said  district,  including 
bonds  authorized  but  not  sold,  exceeds  sixty  per  centum  of  the  aggre- 
gate market  value  of  the  lands  within  said  district  and  of  the  water, 
water  rights,  canals,  tanks,  reservoirs,  reservoir  sites,  rights  of  way,  pipe 
lines,  waterworks,  buildings,  machinery  owned,  or  to  be  acquired  or 
constructed  with  the  proceeds  of  any  of  said  bonds,  by  said  clLstrict, 
as  determined  in  accordance  with  paragraphs  (d)  and  (e)  in  this 
section. 

(g)  The  numbers,  date  or  dates  of  issue  and  denominations  of  the 
bonds,  if  any,  which  the  commission  shall  find  are  available  for  the 
purposes  provided  for  in  section  seven  of  this  act,  and,  if  the  investiga- 
tion has  covered  contemplated  bonds,  the  total  amount  of  bonds  which 
the  district  can  issue  without  exceeding  the  limitation  expressed  in 
paragraph  (/)  of  this  section. 

Report  filed  with  controller. 

Sec.  3.  The  written  report  of  the  investigation  herein  provided  for 
shall  be  filed  in  the  office  of  the  state  controller,  and  a  copy  of  said 
report  shall  by  the  commission  be  forwarded  to  the  board  of  super- 
visors of  the  county  in  which  said  district  is  formed  and  for  which  the 
investigation  shall  have  been  made,  and  if  said  commission  shall  have 
found,  as  set  out  in  said  report,  that  the  waterworks  system  of  the  dis- 
trict and  the  specific  project  for  which  the  bonds  under  consideration 
are  desired  or  have  been  used,  whether  such  project  be  constructed,  pro- 
jected or  partially  completed,  are  feasible  and  that  the  aggregate 
amount  of  the  bonds  under  consideration  and  any  other  outstanding 
bonds  of  said  district,  including  bonds  authorized  but  not  sold,  does 
not  exceed  sixty  per  centum  of  the  aggregate  market  value  of  the  lands 
within  said  district   and  of  the  water,   water  rights,   canals,  tanks, 


152  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

reservoirs,  reservoir  sites,  rights  of  way,  pipe  lines,  waterworks,  build- 
ings and  machinery  owned  or  to  be  acquired  or  constructed  wdth  the 
proceeds  of  any  of  said  bonds  by  said  district,  the  bonds  of  such  county 
waterworks  district,  as  described  and  enumerated  in  said  report  filed 
with  the  state  controller,  shall  be  certified  by  the  state  controller,  as 
hereinafter  provided  for.  If  the  commission  shall  be  notified  by  the 
board  of  supervisors  of  any  county  where  a  county  waterworks  district 
has  been  formed  that  such  waterworks  system  has  been  found  in  such 
report  to  be  feasible  that  the  district  has  issued  bonds  and  the  com- 
mission shall  find  that  said  bonds  are  for  any  project  or  projects 
approved  in  such  report  and  that  the  amount  of  said  bonds  does  not 
exceed  the  limitation  stated  in  such  report,  the  commission  shall  pre- 
pare and  file  with  the  state  controller  a  supplementary  report  giving  the 
numbers,  date  or  dates  of  issue  and  denominations  of  said  bonds, 
Avhich  shall  then  be  entitled  to  certification  by  the  state  controller  as 
hereinafter  provided  for.  Subsequent  issues  of  bonds  may  be  made 
available  for  the  purposes  specified  in  this  act  upon  like  proceedings 
by  said  district,  but,  after  any  of  the  bonds  of  a  county  waterworks 
district  have  been  enumerated  and  described  as  entitled  to  certification 
by  the  state  controller  as  herein  provided  for,  it  shall  be  unlawful 
for  that  district  to  issue  bonds  that  will  not  be  entitled  to  such  certifi- 
cation. It  is  hereby  made  the  duty  of  the  state  controller  to  provide 
for  filing  and  preserving  the  reports  mentioned  in  this  section  and, 
also,  to  make,  keep  and  preserve  a  record  of  the  bonds  certified  by  him 
in  accordance  with  the  provisions  of  section  four  of  this  act,  including 
the  date  of  certification,  the  legal  title  of  the  district,  the  number  of 
each  bond,  its  par  value,  the  date  of  its  issue  and  that  of  its  maturity. 

Form  of  controller's  certificate. 

Sec.  4.  Whenever  any  bond  of  a  county  waterworks  district  organ- 
ized and  existing  as  aforesaid,  including  any  bond  authorized  in  any 
such  district  but  not  sold,  which  shall  be  eligible  to  certification  by  the 
state  controller  under  section  three  of  this  act,  shall  be  presented  to  the 
state  controller,  he  shall  cause  to  be  attached  thereto  a  certificate  in 
substantially  the  following  form : 

Sacramento,  Cal. (insert  date). 

I, ,  controller  of  the  State 

of  California,  hereby  certify  that  the  within  bond.  No. . of  issue 

No. of  the county  waterworks  dis- 
trict, issued (insert  date),  is,  in  accordance  with 

an  act  of  the  legislature  of  California  approved , 

a  legal  investment  for  all  trust  funds  and  for  the  funds  of  all  insurance 
companies,  banks,  both  commercial  and  savings,  trust  companies,  the 
state  school  funds  and  any  funds  which  may  be  invested  in  county, 
municipal  or  school  district  bonds,  and  it  may  be  deposited  as  security 
for  the  performance  of  any  act  whenever  the  bonds  of  any  county,  city 
and  county,  or  school  district  may  be  so  deposited,  it  being  entitled  to 
such  privileges  by  virtue  of  an  examination  by  the  state  engineer,  the 
attorney  general  and  the  superintendent  of  banks  of  the  State  of  Cali- 
fornia in  pursuance  of  said  act. 


Controller  of  State  of  California. 


CALIFORXIA    IRRIGATION   DISTRICT   LAWS.  153 

In  case  of  a  change  in  the  constitution  or  any  of  the  laws  of  this 
state  relating  to  the  bonds  of  county  waterworks  districts,  the  state 
controller  shall,  if  necessary,  modify  the  above  eertifieate  so  that  it  shall 
conform  to  the  facts. 

Members  of  commission. 

Sec.  5.  The  attorney  general,  the  state  engineer  and  the  superin- 
tendent of  banks  are  hereby  constituted  the  commission  herein  provided 
for,  and  said  commission  sliall  elect  one  of  its  members  chairman  and 
may  employ  such  clerks  and  assistants  as  may  be  necessary  for  the  per- 
formance of  the  duties  herein  imposed,  and  may  fix  the  compensation 
to  be  paid  to  such  clerks  and  assistants. 

Expenses. 

Sec.  6.  All  necessary  expenses  incurred  in  making  the  investigation 
and  report  in  this  act  provided  for  shall  be  paid  as  the  commission  may 
require  by  the  county  waterworks  district  whose  property  has  been 
investigated  and  reported  on  by  the  said  commission;  provided,  that  the 
benefit  of  any  services  that  may  have  been  performed  and  any  data  that 
may  have  been  obtained  by  any  member  of  said  commission  or  any 
other  public  official  in  pursuance  of  the  requirements  of  any  law  other 
than  this  act,  shall  be  available  for  the  use  of  the  commission  herein 
provided  for  without  charge  to  the  district  whose  affairs  are  under 
investigation. 


^O' 


Bonds  legal  investments. 

Sec.  7.  All  bonds  certified  in  accordance  with  the  terms  of  this  act 
shall  be  legal  investments  for  all  trust  funds,  and  for  the  funds  of  all 
insurance  companies,  banks,  both  commercial  and  savings,  and  trust 
companies,  and  for  the  state  school  funds,  and  whenever  any  money  or 
funds  may,  by  law  now  or  hereafter  enacted,  be  invested  in  bonds  of 
cities,  cities  and  counties,  counties,  school  districts,  or  municipalities  in 
the  State  of  California,  .such  money  or  funds  may  be  invested  in  the 
said  bonds  of  county  waterworks  district,  and  whenever  bonds  of 
cities,  cities  and  coilnties,  counties,  school  districts  or  municipalities 
may  by  any  law  now  or  hereafter  enacted  be  used  as  security  for  the 
performance  of  any  act,  bonds  of  county  waterworks  districts  under'the 
limitations  in  this  act  provided  may  be  so  used.  This  act  is  intended 
to  be  and  shall  be  considered  the  latest  enactment  upon  the  matters 
herein  contained,  and  any  and  all  acts  in  conflict  with  the  provisions 
hereof  are  hereby  repealed. 


APPENDIX. 


SUPPLEMENTAL  LEGISLATION. 

There  are  numerous  laws  on  related  subjects  which  are  too  voluminous  to  permit 
of  inclusion  in  this  volume.     Reference  is  hereby  made  to  the  Statutes  where  these 
acts  may  be  found. 
Agricultural    expert. 

Irrigation    district    may    employ.     Statutes    1913,    p.    75. 
Assessment    book. 

County  assessor  must  furnish  copy  on  request  of  district.     Political  Code,  §  3G53. 
Bonds. 

Funding  bonds  of  districts  organized  under  the  Act  of  March  7,  1S87.     Statutes 

1S97,   p.  394;   amended   1901,  p.  514. 
Imperial    irrigation   district,    validation    of.     Statutes   1915.    p.   IS. 
Registration  of.     Stattites  1913,  p.  23. 

Release  of  claims  on  bonds  surrendered  for  cancellation.     Statutes  1911,  p.  14G0. 
Security    for    deposit    of    county    or    city    moneys,    irrigation    district    bonds    are. 

Statutes  1907,  p.  974;  amended  1913.  p.  107;  1921,  p.  1425. 
Security  for  deposit  of  state  moneys,  irrigation  district  bonds  are.     Statutes  1907, 

p.  G7;   1911,  p.  482;   1913,  p.  108. 
Validation   of  bonds   which  have   been   authorized  by   four-fifths  vote   of   electors, 
since  January  1,  1910.     Statutes  1915,  p.  837. 
Bonds  of  irrigation  districts  are  legal  investments  for  : 

Banks,  Commercial.     §  3G,  Bank  Act,  Statutes  1915,  p.  1110.     §  46,  Bank  Act, 
Statutes  1915.  p.  1111. 
Savings.     §   Gl,   Bank  Act,   Statutes  1921,  p.   1386. 

Trust  companies.     §  96,  Bank  Act,  Statutes  1913,  p.  179.     §  105,  Bank  Act, 
Statutes   1913,   p.    183. 
Insurance  companies,  in  general.     Ciiil  Code,   §  421. 

Fire  insurance,  surplus  and  special  reserve  funds.     §  2.  Statutes  1917,  p.  1379. 
Fraternal   benefit  societies.     §   10,   Statut^es  1911,   p.   1323. 
Mortgage  insurance.     Civil  Code.  §  453ee. 

Mutual   workmen's  compensation.     §   14,   Statutes   1913,   p.   323. 
School  teachers'  permanent  fund.     Statutes  1913,  p.  1423;  amended  1919,  p.  500; 

1921,   pp.   1638   and   1639. 
State  compensation  insurance  fund.     Statutes  1913,  p.  304,   §  4.5. 
State  school   fund.     Political   Code,   §   676. 
California   Irrigation  Act.     Statutes  1919,  p.  671.      (Unconstitutional.  Mordccai  vs. 
Board  of  Supenisors,  183  Cal.  434.) 

Canal. 

Private  right  of  way  for.     Political  Code,  §  2692. 
Carey  act  commission  act.     Statutes  1915,  p.  1140. 
Colorado    river. 

California    representation    upon    joint    committee    of    western    states    and    federal 
government.     Statutes    1921,    p.    85. 
Conservancy   districts.     Statutes   1919,   p.   559. 
Ditch. 

Highway  crossing.     Political  Code.  §  2694. 

Joint  owners  share  proportionally  the  cost  of  upkeep.     Civil  Code,  §§  842,  843. 
Easement. 

When  right  to  flow  water  is.    Civil  code,  §  552. 
Eminent   domain. 

Injunction    suit,    defendant    may    convert    into    condemnation    proceedings    when 

water  rights  involved.     Code  of  Civil  Procedure,  §  534. 
Rules  of  pleading  and  practice  in.     Code  of  Civil  Procedure,   §§    1237-1264. 
Valuation  by  railroad  commission.     Const.  Art.  XII,   §   23a. 
Public  Utilities  Act,  §  47;  Statutes  1917.  p.  261. 


APPENDIX.  _  155 

Fishways,   over  or  around  dams.     Pinal  Code,    §   037. 

Flood,  protection  by  districts  having  area  exceeding  500,000  acres.     Statutes  1915, 

p.   1. 
Highways,   protection   from   overflow   of  ditches.     Political  Code,    §   2737. 
Imperial  irrigation  district. 

Bonds  legalized.     Statutes  1915,  p.  18. 

Flood  protection  authorized.     Statutes  1915,  p.  1. 

Purchase  of  California  Development  Company  authorized.     Statutes  1915,  p.  343. 
Injunction. 

Restraining  sale  of  district  or  municipal  bonds ;  petitioner,  if  a  competitor,  pays 
all  costs  if  injunction  finally  denied.     Code  of  Civil  Procedure,  §  5266. 

To  prevent  diversion  of  water,  when  issuable.     Code  of  Civil  Procedure,  §§  530, 
532,   534. 
Irrigation   districts,  county. 

Validation  of.     Statutes  1915,  p.  48. 
Mandate. 

Ordering   delivery   of   water   for   irrigation   not   stayed   pending   appeal.     Code   of 
Civil  Procedure,  §  1110a. 
Modesto   irrigation   district  created.     Statutes   1877-8,   p.  820.      (Obsolete.) 
Municipal    utility    districts.     Statutes    1921,    p.    245. 
Power  pumping  districts,   county.     Statutes  1015,  p.  1483. 
Public   utility   districts.     Statutes   1913,   p.   450.     Statutes   1915,   p.   860;    amended 

1921,   p.    262.     Statutes    1921.   p.   906. 
Riparian  owners.     Liability  for  cutting  of  banks.     Political  Code,   §§  3486,  3487. 
Santa   Clara   County  irrigation   district.     Statutes  1921,   p.   1523.      (Not   in   effect; 

district  electors  disapproved  organization.) 
Underground  storage  of  water.  Statutes  1919,  p.  826. 
Validation    of   irrigation    districts. 

Irrigation  districts  began  in  1911  the  practice  of  obtaining  special  legislative  acts 
of  validation.     Following-  are  statutory  references   to  such  acts : 

Anderson-Cottonwood.     Statutes  1915,  p.  74. 

Banta-Carbona.     Statutes    1921,    p.   81. 

Baxter   Creek.     Statutes   1917,   p.   227. 

Beaumont.     Statutes   1921,   p.   25. 

Butte   Valley.     Statutes   1921,   p.   59. 

Byron-Bethany.     Statutes  1921,   p.  30. 

Carmichael.     Statutes    1917,    p.    12. 

Crooks    Canyon.     Statutes   1921.   p.   58. 

Fair  Oaks.     Statutes  1919,  p.  37. 

Foothill.     Statutes  1921,   p.   73. 

Fresno.     Statutes   1921,   p.   72. 

Glenn-Colusa.     Statutes  1921.  p.  64. 

Grenada.     Statutes  1921,   p.   72. 

Happy  Valley.     Statutes  1917,  p.  906.       . 

Honcut-Yuba.     Statutes  1921,   p.  78. 

Hot  Spring  Valley.     Statutes  1921,  p.  75. 

Imperial.     Statutes  1911    (extra  session),  p.  119. 

Jacinto.     Statutes  1919,  p.  32. 

James.     Statutes  1921.  p.  76. 

Kasson.     Statutes  1921,  p.  81. 

Knightsen.     Statutes    1921,    p.    71. 

Laguna.     Statutes   1921,   p.    75. 

La  Mesa,  Lemon  Grove  and   Spring  Valley.     Statutes  1915,  p.  323. 

Lemoore.     Statutes  1921,  p.  73. 

Lindsay-Strathmore.     Statutes  1917,  p.  15. 

Madera.     Statutes   1021,   p.   76. 

Medano.     Statutes    1921,    p.    77. 

Merced.     Statutes  1921,  p.  80. 

Modesto.     Statutes    1911,    p.    262. 

Naglee    Burk.     Statutes    1921,    p.    73.  • 

Oakdale.     Statutes  1911,  p.  262;  1915,  p.  56. 


156  APPENDIX. 

Validation  of  irrigation  districts — continued. 

Oroville-Wyandotte.     Statuten   1921,   p.    78. 

Paradise.     Statutes   1917,   p.   13. 

Princeton-Codora-GIenn.     t>tatutes   1917.   p.   228. 

Red  Rock  Creek.     Statutes  1919,  p.  124. 

Riverdale.     Statutes   1921,   p.    75. 

San    Ysidro.     Statutes   1913.    p.    25. 

Scott  Valley.     Statutes  1921,  p.  59. 

South  San  Joaquin.     Statutes  1911,  p.  262. 

Stratford.     Statutes  1917,  p.  14. 

Surprise    Valley.     Statutes    1921,    p.    59. 

Terra    Bella.     Statutes   1917,    p.    14. 

Ti-anquillity.     Statutes    1919,    p.    124. 

Turlock.     Statutes  1911.  p.  261. 

Waterford.     Statutes  1915,   p.  1249. 

West   Side.     Statutes  1917,  p.  15. 

West  Stanislaus.     Statutes  1921.  p.  30. 

Williams.     Statutes   1921,   p.   64. 
Water. 

Appropriation    of.     Civil    Code,    §§    1410-1422;    superseded,    at    least    in    part,    by 
the   Water  Commission   Act. 

Contracts  relating   to   sale   and  distribution.     Statutes  1901,   p.  331. 

Miner's   inch   defined.     Statutes  1901,   p.   660. 

Stealing  of.     Penal   Code,    §   41)9. 
Water  Commission  Act.     Statutes  1913.  p.  1012;   amended  1917,  p.  194,  195,  231, 

284,  746 ;  1919,  p.  511,  1193  ;  1921,  p.  442,  443,  482,  543. 
AVater   districts. 

County   water   districts.     Statutes    1913,    p.    1049;    amended    1915,    p.    26;    1917, 
p.  225;  1919,  p.  816. 

Municipal    water   districts.     Statutes    1911.    p.    1290 ;    amended    Ex.    Sess.    1911, 
p.  92 ;  1915,  p.  921  ;  supplemented  1917,  p.  158. 

Organization  bv  county  supervisors  upon  petition.     Statutes  1913,  p.  815 ;  amended 
1917,  p.   1408;   1921,  p.  1142. 
Water  pipes. 

Injury  to.     Penal  Code,   §  624. 
Water  resources  of  state. 

Investigation  of  conditions  and  preparation  of  plans.     Statutes  1921,  p.  1685. 
West   Side  irrigation  district. 

Created.     Statutes  1875-6,  p.  885;  1877-8,  p.  468.      (Obsolete.) 
Workmen's   Compensation   Act. 

Irrigation  district  subject  to  provisions  of.     §  7  ;  Statutes  1919,  p.  913. 


INDEX. 


ACTIONS.  Page 

Limitation   of    60 

Consolidation  of 59 

Re  validity  of  bonds 59 

AGREEMENTS.     See  also  Cooperation. 

AGRICULTURAL  EXPERT.     See  Appendix. 

APPENDIX     . 154 

ASSESSMENT  BOOK.     See  also  Appendix. 

Evidence   of   what 49 

Time   for  completion  of 40 

ASSESSMENT  FOR  COMPLETION  OP  WORK 39 

ASSESSMENT  OF  PUBLIC  LANDS  SUBJECT  TO  ENTRY. 

Assessment  a  lien 75 

Notice  served  on  Surveyor  General ' 75 

State  lands  in  district  to  be  assessed 74 

ASSESSMENTS.     See  also  Taxes  ;  Taxation. 

Bond   payments,    for 38 

Equalization    of    41 

Objections    to    4] 

hearings  on   41 

Time    of  equalizing 40 

ASSESSMENTS.    PAYMENTS    IN   TWO   INSTALLMENTS. 

Assessment.?    74 

delinquent  when 74 

Effect  of  act 74 

Rescinding  of 74 

Resolution    bv    directors Ti 

ASSESSMENTS,    SPECIAL. 

Election  on  question  of 54 

Rate,  of,  how  ascertained 55 

ASSESSOR. 

Deputies   of   40 

Dutv    of 40 

BOND  CERTIFICATION  COMMISSION. 

Bonds 75 

available   as   legal    investments 75 

Certification  by  State  Controller 70 

of  bonds  as  needed 77 

Controller's  certificate,  form  of 78 

Expenditures  not  to  be  made  without  consent  of  commission 77 

Expenses    79 

Membership    of  ' 78 

Report  of 75 

Water  districts,  supervision  of 101 

BONDS.     See   also  Appendix  ;    Indebtedness. 

Annual  assessment  for  payment  of 38 

Certified  legal  investments  for  trust  funds 79 

Denominations  of 35 

Election  for  sale  at  less  than  par 38 

Exchange  for  plant,  when 57 

Exchange  of,  action  to  determine  validity 57 

How    payable    .  36 

Interest    on 35 

pavment   of 50 

Life  of 35 

Official    25 

Payment,   where    10 

Redemption   of    50 

Sale    of    37 

Tax  exemption 10 

Validity  of,  action  to  determine 58 

assessment  payer  may  bring  action  to  determine 59 

rules  of  pleading 60 

When  payable 36 

BONDS,    ISSUANCE    OF 32 

Election  for 35 

ballots,  questions  on 35 

notice  .of 34 

Improvements,  estimate  of  money  for 32 

Irrigation  District  Bond  Commission 33 

estimate    submitted    to 33 

Order  determining  amount  of 33 

Purposes  for 32 

Special    election    for 34 

BONDS,  REFUNDING. 

Assessment  for  payment  of  interest  and  principal 80 

Election  on   question  of 79 

Form   of   80 


158 


INDEX. 


BONDS,  UNSOLD,  DESTRUCTION  OF. 

Election 

notice    of    

Election  on  question  of 

Two-thirds  majority  required 

BOUNDARIES,  CHANGE  OP.     See  Exclusion  ;  Inclusion. 

When  district  is  under  contract  -with  United  States 

BRIDGFORD   ACT    

Effect  on  old  districts,  pending  actions,  etc 

CALIFORNIA  IRRIGATION  DISTRICT  ACT 

Citations,    general    

Effect  on  prior  acts  and  existing  rights 

Formation,  outline  of  procedure i 

Time  of  taking  effect 

Title  of  act ! 

CALIFORNIA    WATE~R     STORAGE  "DISTRICT    ACT.      See    also    Water 
Storage   District  Act 

CANALS.     See  also  Appendix. 

Injury  to  or  theft  of  water  from 

Leasing    of    

Overflow   of   highway 

Run  at  full  capacity  during  high  water 

CEMENT  PLANTS  

COMPLETION  OF  WORKS 

AssGSsrnGnt  for * 

CONDEMNATION  PROCEEDINGS  __!__! I_I I 

CONSOLIDATION    OF    DISTRICTS 

Election    

Indebtedness,    apportionment    of 

Investigation   

Name  of . 

Offices   of    

Petition     

Powers  of 

Report  of  State  Engineer 

CONSTITUTIONAL  PROVISIONS 

CONTESTS    

CONTRACTS  WITH  RECLAMATION  SERVICE 

CONVEYANCES 

COOPERATION  UNDER  FEDERAL  TWENTY-YEAR  EXTENSION  ACT_ 

COOPERATION  WITH  FEDERAL  GOVERNMENT 

Construction,  operation  or  maintenance  of  works 

COOPERATIVE   AGREEMENTS. 

Adjoining  states,  with  districts  in 

CORPORATIONS,    FOREIGN. 

Stock,  purchase  by  district 

COUNTY  IRRIGATION   DISTRICTS.     See  Waterworks   Districts. 

COUNTY  WATERWORKS  DISTRICTS.     See  Waterworks  Districts. 

DAMS    

Supervision  of 

DIRECTORS. 

Compensation  of 

Election  of 

General  powers  of 

Not  to  be  interested  in  contracts 

Number  of 

Qualifications    of 

DIRECTORS,   BOARD   OP 

Duties  and  powers  of 1 

Meetings   of 

Organization   of 

DISSOLUTION   OF   DISTRICT. 

Involuntary    

conditions  for 

investigation  by   State   Engineer 

property,   disposition  of 

quo  warranto    (foot-note) 

Voluntary     

assessment  liens  on  property  within  the  district 

assessment  payer  may  bring  action 

corporation,  organized  to  take  over  property 

debts  barred  by  statute  of  limitations 

election  to  decide 

funds,   balance   of,    apportioned - 

petition    for    

procedural  rules 

superior  court,  action  in 

DISTRICTS  ENUMERATED 

DISTRICTS  IN  OTHER  STATES. 

Cooperation   with    

DIVISION    OF    DISTRICT 

DRAINAGE     

ELECTION  OFFICERS. 

Powers  and  duties  of 


Tag* 
71 
71 

70 
71 

80 
11 
71 
11 

15,  72 

71,  72 

7 

72 

72 

102 

80 
23 
9') 
58 
100 
39 
39 
24 
81 
82 
83 
81 
83 
83 
81 
83 
82 
9 
60 
85 
22 
85 
85 
85 

83 

9 


22 

89 

53 
17 
21 
54 
29 
29 

20 

20 

20,  26 

96 
96 
97 
97 
96 
95 
95 
94 
9t 
95 
92 
95 
91 
94 
93 
6 

83 
17 


98 
27 


INDEX.  159 

ELECTION  PRECINCTS.  Paw 

Change   of    23 

ELECTIONS. 

Ballots    27 

Canvassing  returns 28 

Contest   of    IS 

For  sale  of  bonds  at  less  than  par 38 

Manner  of  voting 27 

Nominating   petitions    27 

Notice   of   26 

Officers  of 23 

Result,    statement    of 29 

"Votes,  canvass  of 28 

counting  of   28 

Voting,  how  conducted 28 

ELECTIONS,  GENERAL. 

If   not    held 2G 

Irrigation  district  officers  to  be  elected 25 

Official    bonds    25 

ELECTORS. 

Qualification  of 18 

ELECTRICAL   POWER,    DEVELOPMENT    OP. 

Bonds  may  be  issued  for 9") 

Irrigation  district  board,  powers  of 99 

Irrigation  district  may  develop 98 

Irrigation  district  officers,  power  of 99 

EMINENT   DOMAIN.     See  also   Appendix 24 

Irrigation   a   public   use 108 

Proceedings    9 

Right  of 58 

EXCLUSION   OP  LANDS 60 

Assent   of   bondholders 63 

Boundaries,  change  of  to  be  recorded 63 

of  district  may  be  changed  for 60 

District,  division  of 64 

Hearing  on    62 

Lands  excluded  not   released  from  liabilities 63 

Office  of  director  of  excluded  division  declared  vacant 63 

Organization   not  affected 63 

Petition  of  owners  for 61 

Power  of  board 62 

Publication  of  notice 61 

Release    from    lien 63 

Rights  of  guardian,  administrator  or  executor 64 

ERRORS. 

Court   must   disregard   insubstantial 60 

FEDERAL  GOVERNMENT. 

Cooperation  with    85 

FINANCIAL  CONDITION. 

Publication  of 21 

FORMATION   OF   DISTRICT. 

Canvass  of  votes 19 

Information,  furnished  by  State  Engineer 16 

Majority  vote  determines  organization 19 

Order  declaring  organization,  filed  with  county  recorder 19 

Petition,   form  and  contents  of 12 

genuineness  and  sufficiency  of IG 

supervisors'  finding  conclusive 17 

supervisors,   to  reaffirm  conclusions I'j 

Petitioners,  who   may  be 11 

FUNDS. 

Creation    of    58 

Transfer  of  unexpended  balance  to  general  fund 5S 

GENERAL  PROVISIONS 58 

HIGHWAYS,  INJURIES  TO,   PENALTIES  FOR ^ 99 

IMPERIAL  IRRIGATION  DISTRICT.     See  also  Appendix. 

Authority  to  purchase  foreign  corporation  stock 9 

IMPOUNDING  WORKS. 

Supervision  of 89 

IMPROVEMENTS. 

Exempt   from   taxation 40 

INCLUSION   OF  LAND. 

Boundaries  of  district,  change  in 66 

election,   notice  of : 67 

may  be  changed   for 65 

resolution  describing 67 

Condition,   precedent 66 

Election,  majority  vote  to  decide 68 

Order  of  board  to  be  recorded 68 

Petitioners  may  be  required  to  pay  prior  assessments 6o 

Petition,    hearing   of 66 

notice  of  filing  of 65 

Petition  to  be  recorded  In  minutes 68 

Procedure   for   65 

Redivision  of  district 68 

Rights  of  guardians,  executors  and  administrators 68 


160 


INDEX. 


INDEBTEDNESS.     See  also  Bonds. 

INDEBTEDNESS,   BONDED,   REDUCTION   OF.  Page 

Bondholders,  assent  of 69 

Election,  notice  of 69 

on  question  of 69 

INDEBTEDNESS,   INCURRING   OF. 

Bonds,  exchange  of 57 

validity  of  bonds  determined 57 

Irrigation  works,  directors  may  purchase 5/ 

Power,   restricted 55 

Warrants  when  not  paid  to  draw  interest 56 

INTRODUCTION    5 

INJUNCTION.     See  Appendix. 

INVESTMENTS.     See  also  Appendix  ;   Bond   Certification   Commission. 

District  bonds  become  available  for,  when 75 

IRRIGATION  A  PUBLIC  USE 100 

IRRIGATION  DISTRICT,  COUNTY.     See  Waterworks  Districts. 

IRRIGATION  DISTRICTS. 

Conservation  districts  included  in  term 79 

Consolidation  of 81 

Enumeration    of    6 

Lands  of,  may  be  included  in  water  district 101 

IRRIGATION  WORKS. 

Penalty  for  injury  to 80 

LANDS.     See  Exclusion;  Inclusion. 

LEGISLATIVE    SUPERVISION   10 

LIMITATION   OF   ACTIONS 60 

MANDATE.     See  Appendix. 

MATERIALS. 

Manufactured  by  district 100 

MONEY,    UNEXPENDED    58 

NAME   OF  DISTRICT 71 

OFFICERS. 

Bonds  of 25 

Compensation   of    53 

Consolidation  of IS 

Election    of    18 

canvass    of   votes 19 

Penalty  for  violation  of  duty 60 

Recall    of    30 

Tenure  of   offlce ^ 20 

OFFICES. 

Consolidation  of 29 

Term,    when    begins : 26 

Vacancies,   how  filled 29 

ORGANIZATION. 

Complete  upon  filing  of  order 19 

District   11 

Election  on I 18 

PLANT. 

Penalty  for  injury  to SO 

PROPERTY  OF  DISTRICT  EXEMPT  FROM  TAXES 5S 

I-ROPERTY  OUTSIDE  OF   STATE 84 

PROPERTY,  TITLE  OF  VESTS  IN  DISTRICT 32 

PUBLIC    USE,    IRRIGATION   IS 100 

Water  dedicated  to,  when 10 

QUO  WARRANTO. 

(Foot-note)    96 

RESERVOIRS. 

Supervision  of 89 

RIGHTS   OF   WAY 53 

ROADS.     See  Highways 99 

ROCK  QUARRIES 100 

SAND    PITS 100 

SAVING  CLAUSES. 

Existing  districts  and  right  not  affected 71 

STATE  ENGINEER.     See  also  Water  Storage  Districts. 

Investigation,  re  security  of  bonds 75-79 

on  formation  of  district 3 

Supervision  of  dams 89 

Water  storage  districts,  powers  respecting 102,  138 

STATES,   ADJOINING. 

Cooperation  with   districts  in 83 

STATUTE    OF    LIMITATIONS 60 

STATUTORY  PROVISIONS 11 

SUPPLEMENTAL   LEGISLATION    154 

SUPPLIES. 

Manufactured   by    district 100 

TAXATION. 

Bonds    exempt    from 10 

ExemiJtion  from 58 

Improvements   exempt    40 


I 


INDEX.  161 

TAXES.  Page 

Assessment  becomes  a  lien,  when 44 

Assessment  book  evidence  of  what 49 

Assessment  for  payment  of  interest,  principal  and  rentals 41 

Assessment  of  land  omitted 44 

Assessment,  unpaid  tolls  part  of 44 

Assessments,  delinquent,  when 44 

due  notice  of 44 

neglect  to  make 42 

suit  to  collect 45 

Deed   of  land  sold 48 

Delinquent  notice,  publication  of 45 

delinquent  list 45 

sale,    date   of 45 

Delinquent,   sale   for 47 

certificate  of  sale 47 

district  may  purchase 4fi 

property    4o 

record  book  of  sales 47 

resale  in  default  of  payment 4'j 

rights  of  owner  of  realty 46 

Delinquent  taxes  not  bar  to  dissolution 43 

District  attorney,  duty  of 4;'. 

Extension  of  time 43 

Levy  and  collection  of 41 

Misnomer  does  not  invalidate  sale  of  property 40 

Redemption    from    sale 48 

Secretary  of  board,  duty  of 42 

Settlements  between  secretary  and  collector 50 

Tax  deed  evidence  of  what 49 

TERRITORY.     See  Exclusion  ;   Inclusion. 

TITLE    TO    PROPERTY : 32 

TWENTY-YEAR   EXTENSION   ACT. 

Cooperation  under 85 

UNDERGROUND   STORAGE.     See  Appendix. 
UNITED   STATES. 

District  cooperation  under  twenty-year  extension  act 85 

District  cooperation  with  reclamation  service 85 

VALIDATING   ACTS.     See   Appendix. 

WARRANTS   DRAW   INTEREST,    WHEN 56 

WATER..    See  also  Appendix. 

Apportionment    of    24,  57,  58 

Diversion  to  other  state  for  cooperative  uses 84 

Public   use,   when 10 

Rules  and  regulations  for  use  of 23 

WATER    CONSERVATION    DISTRICTS. 

Term   includes  irrigation  districts 79 

WATER  DISTRICT.      See  also  Appendix. 

Inclusion  of  territory  already  part  of  an  irrigation  district 101 

WATER,  LEASE  OF. 

Authority  of  board  to  lease 55 

Bond    of    lessee 70 

Forfeiture  of 70 

Length  of 70 

Procedure,  manner  of 70 

Proposals,   opening  of 70 

Rentals    70 

WATER   REGULATION    24,  57 

WATER   STORAGE  DISTRICTS. 

Actions,    conduct   of 140 

consolidation    of    141 

Adjustment   board    112-114 

Assessments 141 

omission  of  land  from 141 

payment   of,    in   full _ 114 

unpaid,   collection  of 114-116 

Assessments,    special    117 

when   and   how   made 116 

Assessments,  supplemental,  manner  of  levying 116 

Bonds,    certification    of 117 

election  for  issuance  of 117 

form   of 118 

how  issued 117 

proceeds    of    120-123 

sale    of    120 

validation   of    117 

when    issued    117 

when   payable    117-119 

Claims,  payment  of 127 

Commissioners,  assessment  of  project  by 111 

Contest  of  elections 13G 


11-16169 


162  INDEX. 

WATER    STORAGE    DISTRICTS— Continued.  Page 

Directors,  board  of,  compensation  of 128 

construction  and  maintenance  of  works 12() 

dissolution   of  district 141 

general   powers   125 

indebtedness,  incurring  of 129 

meetings    of    108 

offlcers  not  to  be  interested  in  contracts 128 

organization  of 108 

powers   and   duties   of 109,  125 

provisions  for  defraying  preliminary  expenses 109 

report  of 109 

report   on  project 108 

reports  to  State  Engineer  of  work  done 127 

right  of  way  privileges,  power  to  grant 128 

tenure  of  office 108 

water,   distribution  of 129 

Duty,  neglect  of  official  to  perform 141 

violation  of,  by  officer,  penalty  for 141 

Elections,    general    129 

ballots    — 131 

canvass    of    votes 132 

counting  of  votes 13T 

election  offlcers,   appointment   of 130 

powers   and   duties   of 130 

elections,    special,   provisions    for 133 

elections,   when   held 130 

manner  of  voting 131 

nominating   petitions   130 

notice  of 130 

officers  to  be  elected 130 

precincts,   establishment  of 129 

results,   statement  of 132 

voters,   qualification  of 129 

voting    131 

Elections,   special,   how  held 135 

Executive  directors,  appointment  of 102 

powers   and    duties   of 102 

General    provisions    136 

Land,   value,    determination   of 133 

ownersliip.   determination  of 136 

Neglect  of  official  to  perform  duty 141 

Officers,  recall  of 133 

terms  of,   beginning  of 133 

Official    bonds    132 

Organization   of   district 103 

directors,    election    of 107 

election    for    106 

canvass  of  votes 107 

order   on,    filing   of 107 

voters,   qualification   of 107 

petition  for 104 

hearing  on 105 

order   on    106 

who    may    propose 104 

Penalty  for  violation  of  duty  by  officer 141 

Proceedings,    record    of 138 

Property,   disposition  of 138 

exemption  from  taxation 140 

title    to    138 

Publication,  how  made 137 

where  made 137 

Pulilic  use,   declaration  of 140 

Report,   favorable,   election   on 112 

State  Engineer,  action  on  adverse  report 110 

action  on  favorable  report 111 

additional  duties  of 138 

commissioners,  appointment  of,  by 112 

powers  and  duties  of 102 

Taxation,  property  exempt  from 140 

Title   of   act 142 

Vacancy  in  office,  how  filled 132 

Warrants,  interest  on,  unpaid 139 

how    drawn    139 

payment  of 139 

WATERWORKS    DISTRICTS,    COUNTY. 

Annexation  to  municipal  corporation 14S 

Bond   certification   commission 150—153 

waterworks   districts,   for 150-153 

Bonds,   form  of 146 

Bonds,  how  investigated  and  certified 150-153 

issuance  and  sale  of 146 

legal  investment  for  public  and  trust  funds 150-153 

tax  for  principal  and  interest 147 


INDEX.  163 

WATERWORKS     DISTRICTS,     COUNTY— Continued.  Page 

Dissolution   of   149 

Election     145 

conduct    of    145 

Formation    of    142 

Improvements,  contracts  for, 147 

Name,   change   of 150 

Petition    for    143 

hearing    on    143 

Rules  and  regulations 148 

Tax   for   maintenance 147 

Title   to    property 148 

Water  rates 147 

Written    protests    144 

WORKMEN'S    COMPENSATION    ACT,    DISTRICTS    SUBJECT    TO.     See 
Appendix. 

WORKS,   CONSTRUCTION   OP. 

Bids    for 51 

Claims,  payment  of 51 

Improvements  to  be  paid  for  from  construction  fund 52 

Investigations   by   State   Engineer 51 

Reports  to  be  forwarded  to  State  Engineer 52 

Right   of   way 53 

WORKS.   PENALTY  FOR  INJURY  TO 80 

WRIGHT  ACT   11 


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